California Penal Code § 13700 PC – Domestic Violence Definitions
Understanding Abuse, Key Relationships, and Legal Terms in Domestic Violence Cases
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
When facing domestic violence accusations in California, understanding the legal definitions outlined in California Penal Code § 13700 is crucial. This section of the law defines what constitutes domestic violence and sets the foundation for how these cases are prosecuted. As a leading criminal defense firm in San Diego, Kersey Law specializes in protecting the rights of individuals accused of domestic violence. In this article, we break down the key terms and concepts you need to know.
The stakes are high—domestic violence charges can affect your freedom, reputation, and family life. But the law also provides important definitions and safeguards that may work in your favor if you know how to use them.
What is Domestic Violence Under Penal Code § 13700 PC?
California Penal Code § 13700 PC defines domestic violence as abuse committed against a specific group of individuals. According to this statute, abuse can be physical, emotional, or psychological, but it must be directed at someone with whom the accused has a particular type of relationship.
Key Relationships Defined in Penal Code § 13700 PC:
- Spouse or Former Spouse
- Cohabitant or Former Cohabitant (someone you live with or used to live with)
- Fiancé(e) or Dating Partner
- Parent of your Child
These relationships are key to whether an alleged incident qualifies as domestic violence under California law.
What Does “Abuse” Mean Under Penal Code § 13700(a)?
Under Penal Code § 13700(a), abuse is defined as intentionally or recklessly causing, or attempting to cause, bodily injury. It can also mean placing another person in reasonable fear of imminent serious bodily injury, either to themselves or someone else.
Examples of Abuse:
- Physical violence: Hitting, slapping, or pushing.
- Threats of violence: Verbal threats or actions that make someone fear for their safety.
- Emotional abuse: While not always physical, emotional abuse can sometimes be used to escalate a domestic violence charge if it puts someone in fear of imminent harm.
Cohabitant vs. Non-Cohabitant: Understanding the Difference
In domestic violence cases, the law makes an important distinction between cohabitants and non-cohabitants. Penal Code § 13700(b) defines a cohabitant as two unrelated adults living together for a substantial period of time. Factors that determine cohabitation include:
- Sharing living expenses or income
- Sexual relations while living together
- Joint ownership or use of property
- Holding themselves out as a married couple
If the relationship does not meet these criteria, the case may not qualify as domestic violence but could still fall under general assault or battery charges.
The Legal Meaning of "Reasonable Fear"
In domestic violence cases, proving that someone was in reasonable fear of imminent harm is often a key factor. What does “reasonable fear” mean in the eyes of the court?
It refers to a situation where a reasonable person would feel threatened by the actions or words of the accused. The victim must believe that immediate harm is possible, and the court must agree that this fear was justifiable based on the circumstances.
The full text of the statute reads as follows:
13700 PC. As used in this title:
(a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.
(b) “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.
(c) “Officer” means any officer or employee of a local police department or sheriff’s office, and any peace officer of the Department of the California Highway Patrol, the Department of Parks and Recreation, the University of California Police Department, or the California State University and College Police Departments, as defined in Section 830.2, a peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31, a housing authority patrol officer, as defined in subdivision (d) of Section 830.31, a peace officer as defined in subdivisions (a) and (b) of Section 830.32, or a peace officer as defined in subdivision (a) of Section 830.33.
(d) “Victim” means a person who is a victim of domestic violence.
How Kersey Law Can Help
When facing domestic violence charges, it’s critical to have a defense team that knows the intricacies of California’s Penal Code and can navigate the system to protect your rights. At Kersey Law, we’ve helped countless clients build a strong defense by challenging the definitions of abuse, reasonable fear, and cohabitation. Our experience allows us to identify weaknesses in the prosecution’s case and use the law to your advantage.
Contact Kersey Law for a Free Consultation
If you’re facing domestic violence charges, don’t wait. The sooner we start working on your defense, the better your chances of a favorable outcome. Contact Kersey Law today to schedule a free consultation and learn how we can help you fight back.
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