Injury to a Spouse or Partner (PC 273.5) in Los Angeles
Penal Code § 273.5 & § 243(e)(1) · CALCRIM 840 / 841
A domestic-violence allegation is frightening, and it often comes out of one chaotic moment. It can be defended. In the first days two things matter most: 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.
In plain English
Which charge, and how serious is it?
Most of these cases get filed under one of two code sections, and the difference comes down to one question: was there a visible injury? Prosecutors often charge both, or keep one as a fallback for the other.
| 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 mistakes that hurt most nearly always happen in the first few days, well before anyone talks about trial.
Before the first meeting
What to bring your lawyer
- Any charging or arrest paperwork, and a copy of any protective order you got.
- An honest timeline of what happened and of the relationship before it.
- Photos of any injuries to yourself, along with texts, emails, voicemails or messages that show the whole context.
- Names of anyone who saw the incident or knows 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 you've enrolled 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 first.
- Photograph any injuries to yourself from a few angles, date-stamped if you can, while they are still visible. If you were the one defending yourself, those photos can decide the case.
- Consider enrolling voluntarily in an anger-management or counseling program — starting before court shows real initiative.
- Save every message, photo and witness name now, 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.
Los Angeles County
PC 273.5 charges in Los Angeles
A corporal injury charge in LA almost always comes with a protective order. The criminal case and the order need to be worked together.
| In LA | What it means for you |
|---|---|
| Who files | The District Attorney for felony filings; inside LA city limits, the City Attorney if it is filed as a misdemeanor. |
| Orders | An emergency order the night of the arrest, then a criminal protective order at the first court date. Both can be argued. |
| Where heard | Foltz downtown for central LA, the Airport Courthouse for the Westside, Van Nuys for the Valley, Long Beach and Torrance for the South Bay. |
We take cases from across Los Angeles County, including Downtown LA, Koreatown, Hollywood, Echo Park and Boyle Heights; Torrance, Long Beach, San Pedro, Inglewood, Hawthorne and Compton; Van Nuys, North Hollywood, Sherman Oaks, Burbank, Glendale and San Fernando.
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. We make sure their wishes are heard, 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, with 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 no matter what the protected person does, and replying can be charged as a violation even if they started it. Send everything through us instead.
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. It is one of the side effects we go over with you 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.
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.