Understanding Domestic Violence Charges in San Bernardino County
Domestic violence charges in California can be confusing, especially when multiple Penal Code sections are involved. Two of the most common charges are domestic battery (Penal Code 243(e)(1)) and corporal injury to a spouse or partner (Penal Code 273.5). While these charges may sound similar, the legal differences—and potential consequences—can be significant.
This article explains the key differences between PC 243(e)(1) and PC 273.5, including injury requirements, misdemeanor versus felony exposure, and how protective orders can affect your life in San Bernardino County, including Rancho Cucamonga, Montclair, Fontana, Victorville, and Upland.
Domestic Battery vs. Corporal Injury (PC 243(e)(1) vs. PC 273.5)
- PC 243(e)(1) Domestic Battery: unlawful physical contact + qualifying relationship; no injury required; generally a misdemeanor.
- PC 273.5 Corporal Injury: alleged injury (“traumatic condition”) to a spouse/partner; injury required; a wobbler (misdemeanor or felony).
What Is Domestic Battery in California? (Penal Code 243(e)(1))
Domestic battery under Penal Code 243(e)(1) involves unlawful physical contact with a person who has a qualifying domestic relationship, such as:
- a spouse or former spouse
- a dating or former dating partner
- a cohabitant or former cohabitant
- the parent of your child
Key Point — No injury is required
Domestic battery can be charged even if no visible injury occurred. Any unwanted or harmful contact—such as pushing, grabbing, slapping, or restraining—may be enough.
Typical Penalties
Domestic battery is generally charged as a misdemeanor and may include:
possible county jail time
fines and fees
probation terms
mandatory domestic violence classes
a criminal protective order
Many PC 243(e)(1) cases turn on statements, context, and credibility, especially when there is limited physical evidence.
What Is Corporal Injury to a Spouse or Partner? (Penal Code 273.5)
Corporal injury under Penal Code 273.5 is charged when a domestic partner is alleged to have suffered a “traumatic condition.” This can include:
- bruising
- swelling
- cuts
- scratches or redness that is documented
- other visible or medically recorded injuries
Key Point — Injury is required
Unlike domestic battery, PC 273.5 requires proof of injury, even if the injury is considered minor.
Misdemeanor or Felony (wobbler)
Penal Code 273.5 is a wobbler, meaning it can be filed as:
- a misdemeanor, or
- a felony (depending on injury severity, alleged conduct, prior history, or other facts)
Misdemeanor vs. Felony Exposure (Why the Difference Matters)
The biggest legal risk difference between these charges is felony exposure:
- Domestic Battery (PC 243(e)(1)) is generally a misdemeanor offense.
- Corporal Injury (PC 273.5) may be charged as a felony, especially when:
- injuries are documented
- there is a prior DV-related conviction
- the case includes choking/strangulation allegations
- children were present
- the facts suggest escalation or repeated incidents
A felony DV conviction can create long-term consequences, including employment and licensing issues, firearm restrictions, and a permanent record impact.
Protective Orders in Domestic Violence Cases (San Bernardino County)
Protective orders are common in both domestic battery and corporal injury cases, and they can be issued early in the case.
Types of protective orders
Emergency Protective Orders (EPO)
Criminal Protective Orders (CPO)
stay-away or no-contact orders
What protective orders can do
These orders can:
remove you from your home
prohibit contact with the protected person
restrict firearm possession
affect child custody and visitation logistics
Important Note
Violating a protective order is a separate criminal offense—even if the protected person initiates contact.
2026–2027 Updates That Affect Protective Orders (What to Know)
California law is expanding how protective orders are filed, heard, and enforced.
AB 561 — E-filing + remote appearances (implementation delayed until 1/1/2027)
AB 561 authorizes electronic submission of protective-order filings and allows parties/witnesses to appear remotely at protective-order hearings, and it prohibits courts from charging a fee for remote appearance. The law also allows alternative service methods in certain situations, with implementation requirements delayed until January 1, 2027.
AB 451 — Stronger enforcement policy standards (by 1/1/2027)
AB 451 requires law enforcement agencies to adopt written policies/standards for consistent service and enforcement of protective/restraining orders, including firearm access restrictions, by January 1, 2027.
SB 50 — Connected devices + “disturbing the peace”
SB 50 creates a process for survivors (or their representatives) to request termination/disablement of a perpetrator’s access to connected devices/accounts and expands “disturbing the peace” for DV protective orders to include conduct through a connected device.
Frequently Asked Questions
What is the difference between domestic battery and corporal injury in California?
Domestic battery (PC 243(e)(1)) does not require proof of injury and is generally a misdemeanor. Corporal injury (PC 273.5) requires proof of a traumatic injury and may be charged as a misdemeanor or a felony.
Can domestic battery charges be filed without injuries?
Yes. Domestic battery can be charged based solely on physical contact, even when there are no visible injuries.
Can corporal injury charges be reduced to domestic battery?
In some cases, yes. It depends on the evidence, injury documentation, witness statements, and the specific facts.
Do both charges result in protective orders?
Protective orders are common in both types of DV cases, and they may be issued early in the case.
Will I have to go to court for a domestic violence case in San Bernardino County?
It depends on the case and charge level. In many misdemeanor cases, an attorney may be able to appear for certain hearings. Felony cases typically require more personal appearances.
The Law Offices of Kirk Tarman & Associates
Understanding the difference between PC 243(e)(1) and PC 273.5 is critical when facing domestic violence allegations in San Bernardino County. These charges may arise from similar situations, but the consequences can vary dramatically—especially when protective orders and felony exposure are involved.
If you or a loved one is facing a domestic violence charge in Rancho Cucamonga, Montclair, Fontana, Victorville, or Upland, early legal guidance can help protect your rights, your freedom, and your future.