PENAL CODE 273.5 (PC 273.5)
Domestic Violence

The California Penal Code defines Domestic Violence with the following description:

"Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony..."

Basically, PC 273.5 requires some kind of bodily injury to be inflicted on a person with whom the defendant currently has, or previously had, a domestic relationship. The offense is sometimes referred to as

• Domestic Abuse
• Spousal Abuse
• Spousal Battery

The Infliction of Corporal Injury

Inflicting corporal injury under Penal Code 273.5 means a willful use of violent force. Examples would include hitting, punching, kicking, slapping or pushing. By willful, the statute means that the force must be done deliberately, as opposed to accidentally. An accidental shove, in the course of trying to get away from someone, for example, would not be a "willful" infliction of force.

Other Penal Codes for Domestic Violence

• CA Penal Code 242 PC242) : Battery - any willful or unlawful use of force or violence upon the person of another.

• CA Penal Code 243 (e) PC 243(e) : Battery against a spouse, cohabitant, parent of the defendant's children etc.

• CA Penal Code 240 PC240 : Assault - an unlawful attempt, coupled with a present ability to commit a violent injury etc.

• CA Penal Code 136.1 PC136.1 : intimidation of victims and witnesses.

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