Domestic Battery


Penal code section 243e1 simple domestic battery is typically charged in situations where section 273.5 doesn’t fit. Some of these are unfortunately what we call push cases where there was a fight and someone pushed someone. It can be as little as that, a rude or angry touching, the battery, and its someone with whom you have the type of relationship that domestic violence would apply to either a family relationship or a dating type relationship or more than that and 243e1 is a fairly simple crime. It has the same defenses as regular battery, the most common being self-defense mistake or accident and the thing about domestic battery especially where there isn’t any mark isn’t any evidence of touching. It can really be made up. More so on 243e1 than any other domestic battery and you really have to look at what the facts and circumstances are in the case and investigate it thoroughly because a lot of the times you can get a dismal on these or I do a get a dismal on these just from working up the case very hard.

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