Penal Code §243(e)(1)
California Penal Code 243(e)(1): domestic battery
PC 243(e)(1) addresses battery involving specified domestic relationships. Compare the relationship requirement, probation provisions, and PC 273.5 injury requirement.
Read section 243(e)(1) with the battery definition
Section 242 defines battery as a willful and unlawful use of force or violence upon another person. Section 243(e)(1) supplies a domestic-relationship provision and its consequences. Reading the charging subdivision together with the definition is more useful than relying on the label “domestic violence” alone.
Which relationships are listed?
The provision names a spouse, cohabiting partner, parent of the defendant’s child, former spouse, fiancé or fiancée, and a person in a current or former dating or engagement relationship. The nature of the relationship is therefore part of the analysis, alongside the alleged conduct.
The exact statutory list matters. A report may use a broad relationship label, while the legal question requires the circumstances to fit the provision being charged.
Difference from corporal injury under PC 273.5
Section 273.5 expressly requires corporal injury resulting in a traumatic condition. Section 243(e)(1) does not state that same traumatic-condition requirement. Absence of a visible injury therefore does not, by itself, resolve a domestic-battery allegation.
Evidence review can include the complete incident recording, witness accounts, photographs, and the sequence of physical contact. No single type of evidence automatically decides every case.
Penalty and probation provisions
The text of section 243(e)(1) allows a fine up to $2,000, county jail up to one year, or both. That is the stated provision, not a forecast of the result in a particular case or the full total of financial consequences.
The statute also addresses treatment or counseling when probation is granted or sentence is suspended, and contains additional provisions for prior convictions and other probation conditions. Those details should be reviewed with the full record rather than assumed from an online summary.
Common questions
Does a lack of visible injury end the case?
Not necessarily. Section 243(e)(1) does not contain the traumatic-condition requirement found in PC 273.5. The alleged battery and qualifying relationship still require proof.
Why does the subdivision matter?
Section 243 contains several different battery provisions. A citation to 243 without the subdivision leaves out important information about which provision is alleged.
Sources
- California Penal Code section 243(e)(1) leginfo.legislature.ca.gov Source checked on 2026-10-27