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California penal code section 243(e)(1)

On Behalf of | Jan 22, 2020 | Domestic Violence |

California penal code section 243(e)(1) misdemeanor domestic violence is defined as willfully committing battery on a spouse or someone you live with. According to the California Legislative Information, it may include someone with which you have a dating relationship or someone with which you have previously had a dating relationship. 

Some examples of domestic violence are you get in an argument with your spouse and you push them. There does not have to be touching involved. You can spit on your fiance and that can still be considered domestic violence because it is a form of battery. There are several ways you can use to defend against a domestic violence case. For example, you can argue it was an accident. You can say you got into an argument with your wife or husband, stormed out of the house and you accidentally bumped into their shoulder. There was no intent to cause harm. 

Another defense could be you did not do it. You are wrongly accused or falsely accused. A spouse, a girlfriend or boyfriend may falsely accuse the other of some sort of domestic violence, and this could be for all sorts of reasons. It could be a money issue, it could be an issue regarding custody of children or it could just be out of spite. 

Of course, it is very important to avoid a conviction of domestic violence for various reasons. One reason is if a prospective employer sees this type of charge on your record, they will likely pass you up. They will probably decide they just do not want to work with you because you might have a temper issue or an anger problem. 


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