Domestic Battery: California Penal Code Section 243(e)(1)

A man falsely accused of California Penal Code Section 243(e)(1): Domestic Battery sits on his couch.

California Penal Code § 243(e)(1) defines the crime of domestic battery, which occurs when someone uses force or violence against an intimate partner, such as a spouse, cohabitant, or the parent of their child.

Unlike felony domestic violence, this misdemeanor charge does not require visible injury. Any harmful or offensive physical contact may be enough to warrant arrest and prosecution.

The law aims to protect individuals in close and intimate relationships and is one of the most commonly charged domestic violence offenses in California. If you’ve been accused of domestic battery, you can better understand California’s penal code by contacting our Los Angeles domestic violence lawyers today for help.

The Legal Definition of Domestic Battery Under California Code

The courts in Los Angeles define domestic battery as touching any of the following individuals in a way that is offensive or harmful:

A previous or current spouse
A previous or current fiancé
A previous or current boyfriend or girlfriend
A previous or current cohabitant
A previous or current intimate partner
A previous or current dating partner
A co-parent

Individuals can be charged with domestic battery under PC 243(e)(1) even if they do not injure another person. Any action that can be considered offensive can result in a domestic battery charge.

It is helpful to know that charges of domestic battery do not apply when the victim is a child. If you are accused of hurting a child, you will likely instead face child endangerment charges, such as:

Examples of Acts that Represent Domestic Battery in California

Individuals under California law can be charged with domestic battery for many reasons. The following examples show some actions that can violate PC 243(e)(1):

A man gets home from work and has a few drinks. His wife gets home later. They get into an argument, and he grabs her arm to shake her. He does not strike her, but he does leave a few bruises. He could face charges for domestic battery.

A couple gets into a fight regarding the planning of their wedding. They both yell at one another. The woman throws a cup and breaks it. The man strikes her with a fist, harming her. Under PC 243(e)(1), he could be prosecuted for domestic violence.

Common Penalties for a Domestic Battery Conviction

A conviction under PC 243(e)(1) can have serious ramifications on a person’s life. Domestic battery is treated as a misdemeanor in California. Individuals who are convicted of domestic battery can face:

Jail Time: A maximum of one year in county jail
Fines: Upwards of $2,000
Probation: As long as three years

Being convicted of domestic battery can affect your life in numerous other ways as well. For instance, if you get divorced, a domestic violence conviction may keep you from getting awarded spousal support or getting custody of any children. For more about penalties, contact a Los Angeles domestic violence lawyer now.

Defenses Used to Fight Domestic Battery Charges

Domestic battery charges are naturally quite broad. As a result, you will find it difficult to build your own defense. At Simmrin Law Group, our criminal defense lawyers in Los Angeles can devise strategies that support your defense. For example, our team may argue that:

It Was Not Your Intention to Harm Anyone

An offense only constitutes domestic battery if you intentionally touch another person with the intent to harm or act offensively. Thus, if the touch was an accident, we can argue that you should not be convicted of the charge.

You Were Acting in Self-Defense

The state of California allows people to act to defend themselves against others. If you fear you are facing bodily harm, you can act to protect yourself by harming another person. Self-defense should not result in a domestic battery charge.

You Were Falsely Accused

Unfortunately, someone can falsely accuse you of domestic battery. Our dedicated criminal defense lawyers in Los Angeles can fight to show that the battery accusations against you are false, so arm yourself with legal counsel today.

Other Battery Charges in California

There are a number of charges used to prosecute battery in California, including:

Many of these charges come with similar criminal penalties, but they are all treated differently under the law. You can learn more about the specific definition and defenses for domestic battery right here from the Los Angeles battery defense lawyers at the Simmrin Law Group.

Why You Shouldn’t Wait to Hire a Domestic Battery Lawyer from Simmrin Law Group

If you’ve been arrested or accused under California Penal Code § 243(e)(1) for domestic battery, time is not on your side.

Even a misdemeanor domestic violence charge can have serious consequences—including jail time, restraining orders, loss of gun rights, and long-term damage to your personal and professional reputation.

That’s why it’s critical to secure experienced legal representation as early as possible. The team at Simmrin Law Group has deep experience handling domestic battery cases in California and can start protecting your rights immediately. Here’s why you shouldn’t wait another day to hire a domestic battery lawyer.

Early Legal Intervention Can Prevent Formal Charges

One of the biggest mistakes people make after a domestic battery arrest is waiting until they’re formally charged before hiring an attorney. In reality, a skilled defense lawyer can often intervene with the prosecutor before charges are even filed.

Simmrin Law Group can present evidence, negotiate alternatives, or correct misunderstandings—potentially getting the case dropped or reduced at the earliest stage. Waiting could close the door on these critical pre-filing opportunities.

Domestic Battery Cases Move Quickly Through the Courts

Domestic violence cases are often put on a fast track in California courts. You may be required to attend an arraignment within days of your arrest. Without legal counsel, you risk making statements or decisions that harm your defense.

Simmrin Law Group ensures you are fully prepared and represented at every stage, starting from the very first court appearance.

Evidence Can Disappear or Be Misinterpreted

In many domestic battery cases, the only evidence is the word of the alleged victim versus that of the accused. Crucial evidence (such as text messages, witness statements, or surveillance footage) can be lost, deleted, or distorted if not secured quickly.

A proactive attorney from Simmrin Law Group can move fast to gather and preserve key evidence that supports your version of events.

Protective Orders Can Disrupt Your Life

Courts often issue emergency or temporary restraining orders immediately after a domestic battery arrest. These orders can force you out of your home, prevent you from seeing your children, and impact your job.

The sooner you hire a lawyer, the better chance you have of challenging these orders or modifying them before they take full effect. Simmrin Law Group will advocate to minimize these disruptions to your life.

The Sooner You Start, the Stronger Your Defense

A strong defense takes time to build. Your attorney needs time to review police reports, interview witnesses, examine the prosecution’s evidence, and prepare legal strategies. Delaying the hiring of a lawyer means losing valuable time to develop your case.

Simmrin Law Group starts working on your defense immediately, giving you the best chance at a favorable outcome, whether that’s a dismissal, reduced charges, or an acquittal at trial.

What to Do if You’re Falsely Accused of Domestic Battery

Being falsely accused of domestic battery can be overwhelming, frightening, and life-altering. Even if the claim is untrue, the legal system treats these allegations seriously and moves quickly.

A false accusation can lead to arrest, protective orders, criminal charges, and damage to your reputation, career, and relationships. It’s critical to act fast, protect your rights, and avoid making mistakes that could hurt your defense.

Here are the most important steps to take if you’re facing a false domestic battery allegation:

Stay calm and do not retaliate: Reacting in anger or trying to confront the accuser can make the situation worse. Any aggressive behavior, even verbal, can be used against you.
Do not talk to police without a lawyer: You might feel tempted to explain your side to law enforcement, but anything you say can be used against you in court.
Hire an experienced domestic battery defense attorney immediately: A skilled lawyer can guide you through the legal process, protect your rights, and start building a strong defense from the beginning.
Gather evidence and witnesses: Collect texts, emails, call logs, or any other records that support your side of the story. Identify people who can vouch for your character or provide information about the incident.
Follow all court orders: If a restraining order is issued, follow it carefully. Violating it can result in additional charges and hurt your credibility, even if the original accusation is false.
Avoid posting on social media: Anything you say online can be taken out of context and used against you. It’s best to stay silent about the case until it’s resolved.
Prepare for the legal process: False accusations don’t always disappear quickly. Be ready for court appearances and legal proceedings, and stay closely connected with your attorney throughout the case.
Consider a defamation or civil claim after the case ends: If the accusation was knowingly false and caused significant harm, you may be able to pursue legal action against the accuser once your criminal case is over.

Get the Professional Help You Need to Handle PC 243(e)(1) Accusations

A domestic battery charge within or outside of an intimate relationship can result in you facing jail time and having to pay steep fines. Being convicted of California Penal Code Section 243(e)(1): Domestic Battery can also have a negative impact on your future by making it hard to be awarded custody of your children or spousal support in the event of a divorce.

Find out how you can get professional help avoiding these charges by contacting the Simmrin Law Group for a free case evaluation. We’ve helped thousands of clients across two decades in practice. For more information about California Code and criminal defense cases, visit our helpful FAQ page.