CALIFORNIA FAMILY LAW
...Domestic Violence
......Criminal Prosecution Options
.........Physical Injury on Spouse/Cohabit./Parent
9 Cards On This Topic:

Physical injury to spouse, cohabitant or parent.

Error in not releasing Victim Comp. Board's records re DV victim was harmless where records showed the treatment V received, for which Board provided reimbursement, resulted from D’s criminal conduct.

Evidence showed D and V were cohabitants for purposes of corporal injury statute—that they had no permanent home and sometimes lived separately with relatives did not preclude finding they were cohabitants.

Where V's injury doesn't result from direct physical contact by D, Pen. Code §273.5 [willful infliction of corporal injury on co-habitant] not violated.

Pen. Code §273.5 not void for vagueness of term "cohabiting."

In spousal abuse case, where no admonitions re P’s constitutional rights on admitting prior convictions, record inadequate to support voluntary and intelligent waiver.

For purposes of criminal liability for abuse of cohabitant, person may cohabit simultaneously with 2 or more people; substantial ongoing relationship test.

Battered victim's evidence can establish D is father of her children for purposes of PC 273.5 without resort to Family Code presumptions.

Wife's consent and exigent circumstances justify officers' entering home to arrest, w/out warrant, husband who is "inflicting corporal injury" on wife.