An EPO is likely activeCharges aren't "dropped"

Domestic Violence: Injury to a Spouse or Partner

Penal Code § 273.5 & § 243(e)(1) · CALCRIM 840 / 841

A domestic-violence allegation is frightening and often grows out of a chaotic moment — but it is defensible. Two things matter most in the first days: obey the emergency protective order that is almost certainly already in place — to the letter — and understand that the alleged victim cannot simply "drop" the case.

We defend people charged with crimes in Los Angeles, Orange and Riverside counties. We do not file lawsuits or represent victims.

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In plain English

Which charge, and how serious is it?

These allegations are usually filed under one of two code sections — and the difference comes down to a single question: was there a visible injury? Prosecutors often charge both, or use one as a fallback for the other.

An EPO is likely active After a domestic-violence arrest, police usually put an Emergency Protective Order (EPO) in place at the scene — it takes effect immediately. Assume one is active and have no contact with the protected person in any form, even if they call, text, or invite you. Any contact can be charged as a separate crime. This is the most common way a case gets worse before it's even resolved.

Charges aren't "dropped" The case does not end just because the alleged victim wants it to. In California the prosecutor — not the person who was allegedly harmed — decides whether the case goes forward, and it often does even when they recant, forgive, or refuse to testify.

Case reference — DV · spouse / partner
Case reference	DV · spouse / partner

Shared on conviction/probation: min. 36-month probation · 52-week batterer's program (PC 1203.097) · protective order · firearms prohibition. Even a small bruise or redness can satisfy "traumatic condition." Figures are ranges — confirm against current statute.

The first few hours

Common mistakes people make early

In domestic-violence cases, the most damaging mistakes almost always happen in the first days — long before trial.

Contacting the protected person while an EPO is active Even if they call, text, or invite you — even to "sort it out" — any contact can be charged as a new crime. Assume the order is in force and let your lawyer handle communication.

Assuming the case ends if they "drop the charges." The prosecutor, not the alleged victim, decides whether the case goes forward — and it often does even when the victim recants or won't testify.

Going home for your belongings If an order bars you from the residence, returning — even briefly, even to collect clothes — can violate it. Arrange it through counsel.

Explaining yourself to the police Trying to give "your side" at the scene rarely helps and is quoted back later.

Deleting or ignoring evidence Texts, photos, and messages can show self-defense or a false accusation — preserve them, don't erase them.

Waiting to get a lawyer Early steps — the protective-order terms, preserving evidence, program enrollment — shape everything that follows.

Before the first meeting

What to bring your lawyer

Any charging or arrest paperwork, and a copy of any protective order.
An honest timeline of the incident and the relationship leading up to it.
Photos of any injuries to yourself, and any texts, emails, voicemails, or messages that show the full context.
Names of anyone who witnessed the incident or the relationship.

Mitigation packet — bring whatever applies

Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it's worth building once and keeping.

Education — diplomas, transcripts, enrollment or admission letters.
Family & dependants — photos of your children and family, and proof you support them.
Military service — proof of service or discharge papers (DD-214).
Employment — proof of work, a letter from your employer, recent pay records.
Medical — diagnosis, hospital records, and treatment history for any condition.
Steps already taken — proof of enrollment in an anger-management, batterer's, or counseling program.
Character — reference letters and evidence of community or volunteer involvement.

What you can do now

Assume an EPO is active and follow every term exactly — no contact means none, even if they reach out.
Photograph any injuries to yourself — from several angles, ideally date-stamped — while they are still visible. If you were the one defending yourself, this can be decisive.
Consider enrolling voluntarily in an anger-management or counseling program — starting before court shows real initiative.
Preserve every message, photo, and witness name while it's fresh.
Avoid discussing the case with anyone but your lawyer — and never on social media.

The law — for counsel

Elements

Both offenses require a qualifying relationship — a current or former spouse, cohabitant, fiancé(e), dating partner, or the co-parent of the defendant's child.

PC 273.5 — Corporal injury — CALCRIM 840

(1) The defendant willfully inflicted physical injury on an intimate partner; (2) the injury resulted in a traumatic condition; and (3) the defendant did not act in self-defense or defense of another.

PC 243(e)(1) — Domestic battery — CALCRIM 841

(1) The defendant willfully and unlawfully touched an intimate partner in a harmful or offensive manner; (2) the person was an intimate partner; and (3) the defendant did not act in self-defense or defense of another. No injury required.

Counterintuitive points

"Traumatic condition" is construed broadly — minor or temporary injury such as slight redness or a small bruise can satisfy it.
The People control the prosecution — a victim's recantation or refusal to testify does not end the case, and the DA may proceed on 911 audio, photos, and prior statements.
273.5 is a wobbler; 243(e)(1) is always a misdemeanor — the reduction path runs from the former to the latter.
A prior qualifying DV conviction within 7 years elevates 273.5 exposure substantially (up to ~5 years); a GBI enhancement (PC 12022.7) may attach.

Where it is fought

Jury instructions & bench notes

CALCRIM 840 (PC 273.5) and CALCRIM 841 (PC 243(e)(1)) are the core instructions.
Watch the bench notes on the definition of "traumatic condition" and on the willfulness element in 840.
Self-defense / defense-of-others instructions frequently pair with both — confirm the theory is properly requested.

Common defenses

Self-defense or defense of others: the most common and often the strongest — the client used reasonable force against an immediate threat.
Misidentified as the aggressor: where both parties made allegations, officers are required to identify the primary (dominant) aggressor rather than arrest both — weighing the history of abuse, the relative injuries, threats, and who acted in self-defense. The party who was actually defending themselves is sometimes the one arrested, and documented injuries to the client are central to proving it.
False or exaggerated accusation: frequent in the context of separations, custody disputes, or retaliation.
Accident / no willful act: the contact or injury was not willful.
No traumatic condition (273.5): no injury resulted — which can defeat 273.5 and leave, at most, a 243(e)(1).
No qualifying relationship: the alleged partner does not meet the statutory categories.
Insufficient evidence: the case rests on a recanting or absent witness.

Common questions

FAQs

01Can the case be dropped if my partner doesn't want to press charges?

Not by them. In California the prosecutor decides whether to go forward, and domestic-violence cases often proceed even when the alleged victim recants or won't testify. Their wishes matter, but they don't control the outcome.

02What's the difference between the two charges?

Domestic battery (PC 243(e)(1)) needs only harmful or offensive touching — no injury — and is always a misdemeanor. Corporal injury (PC 273.5) requires an actual injury or "traumatic condition" and can be charged as a felony.

03The order says no contact, but they keep texting me. Can I reply?

No. An emergency protective order binds you regardless of what the protected person does — replying can be charged as a violation even if they started it. Route everything through your lawyer.

04Will I have to give up my firearms?

A domestic-violence conviction carries a firearms prohibition, and the terms can be strict and long-lasting. This is one of the collateral consequences to discuss with counsel early.

How we help

Talk to us before you talk to anyone else

In a domestic violence case the first order the court makes is often the one that changes your life fastest — a protective order deciding whether you can go home, see your children, or collect your own belongings. That is where we start, alongside the question officers are required to answer at the scene and do not always get right: who the primary aggressor actually was. Injuries to you, the history between you, the messages, and the 911 call itself all bear on it.

We appear throughout Los Angeles County Superior Court in all districts — Airport, Downtown (CCB and Metro), Van Nuys, Long Beach, Pasadena, Torrance, Inglewood, Compton, Downey, Norwalk, Alhambra, Bellflower, West Covina, Pomona, San Fernando, and the rest of the county.

From the protective-order hearing through arraignment, discovery, negotiation and trial, one team handles both the criminal case and the orders sitting on top of it. And if the complaining witness wants to be heard, that is dealt with properly — through counsel, never through you.

Get your free case review →→ 24/7 · (310) 881-2786

Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.