California Domestic Violence Attorney
California Domestic Violence Defense
San Francisco San Mateo Marin Alameda Santa Clara Contra Costa
California Domestic Violence Lawyer Criminal Case Restraining Orders About our Firm Contact Us
Domestic Violence
Introduction
What to do First
Arrest
Finding Someone in Jail
Pretrial Release
Investigation
Criminal Case
Protective Orders
Restraining Orders
California Law
Constitution
Family Code
Penal Code
Section 136
Section 136.1
Section 136.2
Section 139
Section 140
Section 166
Section 236
Section 237
Section 240
Section 241
Section 242
Section 243
Section 243(e)
Section 243.4
Section 245
Section 262
Section 264
Section 264.2
Section 273.5
Section 273.6
Section 415
Section 417
Section 422
Section 646.9
Section 646.91
Section 646.91a
Section 1203.097
Caselaw
Federal Law
California Courts
Court Appointed Lawyers
Domestic Abuse
Treatment Programs
Invasion of Privacy
No Diversion
Punishment
Trial Issues
Frequently Asked Questions
We accept Visa, Mastercard, American Express and Discover.

Penal Code Section 243(e)

California Penal Code Section 243(e) provides:

(e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.


(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:


(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).


(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.


(3) Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.


(4) The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed.

Editor's Note: Penal Code Section 243(e) is a lesser included offense of Penal Code Section 273.5.