Investigation & Prosecution of Domestic Violence, Spousal Assault, and Battery. What are the Penal Codes associated with crimes involving intimate partners and spouses.

1. Investigation and Prosecution of
DOMESTIC VIOLENCE
SANFORD & CHRISTY HOROWITZ
1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101
(805) 452-7214
HOROWITZFORLAW.COM

2. DOMESTIC VIOLENCE
• PC 273.5(a) – PC 243(e)
• PC 273.6(a)
• PC 166(c)(1)/(a)(4)
• PC 245
• PC 653m - PC 136.1
• PC 422 – PC 646.9
• PC 262
• PC 594 - 459
ABUSE + RELATIONSHIP = DOMESTIC VIOLENCE

3. PC 273.5(a)
• Spouse or former
Spouse,
Cohabitant or
former cohabitant,
mother or father
of a child;
• Corporal injury
• Resulting in a
traumatic
condition.
AND….D did not act in
self-defense

4. PC 243(e)(1)
• Spouse or former
spouse
• Cohabitant
• Parent of D’s child
• Current or former
dating relationship
• Harmful or offensive
AND……D did not act
in self-defense.

5. PC 273.5(a)
vs.
PC 243(e)(1)?
A traumatic condition is a wound or other
bodily injury, whether minor or serious,
caused by physical force.
Did the injury cause a
traumatic condition?

6. *soreness and tenderness are not
enough for “traumatic condition,”
but look for a “continuous course
of conduct”
Did the injury cause a traumatic condition?

7. PC
273.6(a)
• 1 year Misd
• Charge if
there is an
existing:
– EPO
– DVPO
(Domestic
Violence
Prevention or
Protective
Order)
INDICATE IF A VIOLATION IS
ACCOMPANIED BY VIOLENCE.

8. PC 166(c)(1) – (a)(4)
• 1 year Misd
• Charge if there is an
existing:
– CPO for DV
– If CPO is for non-DV,
charge 166(a)(4)
INDICATE IF A VIOLATION IS
ACCOMPANIED BY VIOLENCE.

9. PC 245
• PC 245(a)(1)
• ADW
• It’s a “Strike”
• PC 245(a)(4)
• Assault w/
force likely to
cause GBI
• Non-Strike
• Don’t Forget
about GBI
enhancement
AND….D did not act in self-defense
Why
charge it?
•It’s a
strike!

10. PC 422
• Willful threat to kill or cause great bodily injury;
• Threat made orally – in writing – or by electronic device;
• Intent that it be understood as a threat; and intent that it
be communicated to victim;
• Threat is clear, immediate, unconditional, and specific
– a serious intention and immediate prospect to carry it out
• VICTIM is in sustained fear; and FEAR is reasonable!

11. PC 422
General
Threats?
•“I’m going to
beat your
fucking ass.”
•“I’m going to
hurt you.”
Unlawfully kill or threaten GBI

12. No
credible
threat?
“I ASKED THE VICTIM IF SHE BELIEVED
JOHN DOE WOULD CARRY OUT THE
THREAT TO KILL HER AND SHE REPLIED
‘I DID NOT.’”
No sustained
fear?

13. Try 664/422 or PC 653m
• PC 653m – Sending Harassing Text
Messages
• PC 646.9(a) - Stalking

14. PENAL CODE 646.9(a)
• Willful and malicious harassing OR
repeatedly following; AND
• D made a credible threat with the
intent to place the VIC in
reasonable fear for her safety or
immediate family
• If there is a restraining order in place at the time of the
stalking? Charge PC 646.9(b)

15. DEFINITIONS - STALKING
• Credible Threat:
– one that causes the target of the threat to reasonably fear
for his or her safety [or for the safety of his or her
immediate family] and one that the maker of the threat
appears to be able to carry out.
• (look for past conduct that can be used to explain why the vic
is so afraid!)
• orally, in writing, or electronically or may be implied by a
pattern of conduct or a combination of statements and
conduct.
• Harassing:
• means engaging in a knowing and willful course of conduct directed
at a specific person that seriously annoys, alarms, torments, or
terrorizes the person and that serves no legitimate purpose.

16. PC 136.1
SEVERAL WAYS TO
VIOLATE:
• PREVENT
• DISCOURAGE
• REPORT
VICTIMIZATION
• CAUSING ARREST
• CAUSING
PROSECUTION
DO NOT FORGET THAT AN ATTEMPT TO DO ANY OF
THE ABOVE IS ENOUGH FOR PC 136.1

17. PC
136.1
• Attending or giving testimony
• Reporting a crime to law enforcement
• Maliciously tried to
prevent/discourage/
• prevented/discourage
victim from:

18. PC 136.1
• Cooperating or providing information so
that a complaint, indictment, probation or
parole violation could be sought and
prosecuted
• Causing arrest

19. PC 136.1
Victim was a
witness or a
crime victim
AND
He knew he
was
preventing or
discouraging
or
attempting
and he
intended to

20. ENHANCEMENTS
• PC 12022.7(a): Great Bodily Injury (“GBI”)
• PC 12022.7(e): GBI Involving D.V.
• PC 667.5(a): Violent Felony w/Violent Fel. Prior
• PC 667.5(b): Prison Priors
• PC 667: Strikes
• PC 12022: Armed Enhancement.
• PC 12022.1(b): Out on Bail Enhancement

21. HISTORY OF VIOLENCE
Obtain specific information
of prior incidents of
domestic violence:
– Mutual combat?
– Who was the aggressor?
– Description of assault
– Injuries
HISTORY OF RELATIONSHIP

22. EVIDENCE
• PHOTOGRAPHS
• AUDIO
RECORDINGS
• STATEMENTS
FROM WITNESSES
INCLUDING
CHILDREN
PRESENT

23. ASSUME THE VICTIM WILL
• RECANT!
• MINIMIZE!
• FAIL TO APPEAR!
How will you prove it without
the victim???

24. ASSUME THE VICTIM WILL
• RECANT!
• MINIMIZE!
• FAIL TO APPEAR!
How will you prove it without
the victim???

25. Investigation and Prosecution of
DOMESTIC VIOLENCE
SANFORD & CHRISTY HOROWITZ
1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101
(805) 452-7214
HOROWITZFORLAW.COM