The crime of Domestic Battery is when unlawful touching is committed against a spouse or cohabitant, or anyone with whom the defendant currently or previously had a dating or engagement relationship. Charges can be filed even if the victim is not injured, only that the defendant used force or violence against the other person. Examples of Domestic Battery are pushing your boyfriend during a fight or grabbing the shirt of your ex-wife and ripping it or pulling the hair of a former girlfriend.
What does the prosecutor have to prove?
1. Defendant committed battery upon Victim.
2. At the time of the battery, Victim was the defendant’s spouse or finance, or an individual with whom defendant currently has, or has previously had, a dating relationship. [Cal Crim No. 841]
Misdemeanor: 0-364 days