California Penal Code 13700 is the statute that defines “domestic violence” and “abuse” for law enforcement purposes in California. It does not create a crime, and no one is charged under 13700 itself. Instead, it sets the vocabulary and the relationship categories that every police agency in the state uses when responding to a call, deciding whether to arrest, and classifying the incident. The actual criminal charges are filed under other statutes, primarily Penal Code 243(e)(1) for domestic battery and Penal Code 273.5 for inflicting corporal injury on a spouse or cohabitant.
What Section 13700 Actually Says
Section 13700 defines domestic violence as abuse committed against a specific category of person: a spouse, former spouse, cohabitant, former cohabitant, someone with whom the suspect shares a child, or someone the suspect is dating or was previously engaged to. The definition reaches both adults and minors in these relationships.1Justia Law. California Penal Code 13700-13702 – General Provisions
“Abuse” is defined separately, and it is broader than many people assume. Under 13700, abuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to themselves or someone else.1Justia Law. California Penal Code 13700-13702 – General Provisions Two pieces of that definition matter in practice. First, no injury is required. A credible threat that puts someone in genuine fear of imminent serious harm fits the definition on its own. Second, the conduct can be reckless rather than intentional. Acting with conscious disregard for the risk of injury can be enough.
Two things worth noting about the scope. The relationship list is specific. Violence between roommates who are not and were not in a romantic relationship, or between adult siblings, is not domestic violence under 13700, even though it may still be chargeable as battery or assault under general statutes. And because 13700 is a definitional section, nothing in it sets a penalty. The penalty comes from whichever charging statute the prosecutor selects.
Why the Definition Matters: Police Response Under 13701
The reason 13700’s definition carries weight is the section that follows it. Penal Code 13701 requires every law enforcement agency in California to adopt written policies for responding to incidents that meet the 13700 definition, and those policies must treat a domestic violence call the same as any other violent crime report.2California Legislative Information. California Penal Code 13701
California follows a preferred-arrest model. Agency policies must encourage officers to arrest when there is probable cause to believe a domestic violence offense occurred, and the standard tightens for protective-order violations: officers must arrest absent extraordinary circumstances.2California Legislative Information. California Penal Code 13701 Penal Code 836(d) separately authorizes a warrantless arrest for a domestic assault or battery based on probable cause, even when the officer did not witness the incident.3California Legislative Information. California Penal Code 836
When both people at the scene claim to be the victim, officers are required to make reasonable efforts to identify the dominant aggressor rather than arrest both. The statute specifically discourages dual arrests, and officers weigh who was acting defensively, the comparative severity of injuries, threats made, and any history of violence between the parties.2California Legislative Information. California Penal Code 13701
Officers also have duties toward the victim at the scene: providing written information about the California Victims’ Compensation Program, how to pursue criminal charges, and a report number for follow-up, along with practical help such as medical assistance, transportation to a shelter, and a standby while the victim retrieves personal belongings from a shared home.2California Legislative Information. California Penal Code 13701
Which Statutes Carry the Penalties
Once an arrest is made and the case moves to the prosecutor, charges are filed under separate statutes. The two most common are the ones that determine how serious the exposure is.
Penal Code 243(e)(1): Domestic Battery
Domestic battery is a misdemeanor that applies when someone uses force or violence against a spouse, cohabitant, co-parent, dating partner, or fiancé, even when no visible injury results. Penalties include up to one year in county jail, a fine of up to $2,000, or both. If the court grants probation, the defendant must enroll in and complete a batterer’s treatment program lasting at least one year.4California Legislative Information. California Penal Code 243(e)(1)
Penal Code 273.5: Corporal Injury on a Spouse or Cohabitant
When the incident produces a visible injury, even something as minor as a bruise or a scratch, prosecutors can charge under Penal Code 273.5, which covers willfully inflicting corporal injury resulting in a “traumatic condition.” The statute is a wobbler, meaning the prosecutor decides whether to file as a misdemeanor or a felony based on the facts.
As a felony, a first-time conviction carries two, three, or four years in state prison and a fine of up to $6,000.5California Legislative Information. California Penal Code 273.5 As a misdemeanor, the sentence is up to one year in county jail with the same fine. Severity of injury, criminal history, and the specific circumstances of the incident drive the charging decision.
Enhanced Penalties for Prior Convictions
A second conviction within seven years raises the stakes substantially. A felony 273.5 with a qualifying prior within the previous seven years carries two, four, or five years in state prison and a fine of up to $10,000.5California Legislative Information. California Penal Code 273.5 Even on probation, mandatory minimum jail time kicks in: at least 15 days with one qualifying prior in the past seven years, and at least 60 days with two or more. A judge can waive the minimum only on a finding of good cause stated on the record. Qualifying priors include not only domestic violence offenses but also battery causing serious bodily injury, sexual battery, assault with a deadly weapon, and assault with caustic chemicals.
Probation Conditions
When a domestic violence offender gets probation, Penal Code 1203.097 imposes a minimum probation term of 36 months, a batterer’s intervention program lasting at least one year with weekly two-hour sessions, a criminal protective order, a $500 minimum fee (reducible on a showing of inability to pay), and court-ordered community service.6California Legislative Information. California Penal Code 1203.097 Proof of enrollment in the batterer’s program must be filed within 30 days of conviction, and probation cannot end until program fees are paid in full.
Protective Orders Tied to a 13700 Incident
Several types of protective order can grow out of a single domestic violence incident, each from a different part of the system. When officers respond to a call, they can contact a judge at any hour to request an emergency protective order (EPO), which takes effect immediately and lasts five business days or seven calendar days, whichever is shorter.7Judicial Branch of California. Guide to Protective Orders Only law enforcement can request an EPO.
The victim can then petition on their own for a domestic violence restraining order (DVRO). A temporary order can issue immediately if the judge finds an immediate risk, and after a hearing a DVRO can last up to five years. An order with no stated end date defaults to three years, and renewal before expiration does not require proof of new abuse, only an ongoing reasonable fear.7Judicial Branch of California. Guide to Protective Orders
Separately, a criminal court can issue a protective order under Penal Code 136.2 or as part of a 273.5 sentence. A criminal protective order issued after a domestic violence conviction can last up to ten years and remains in effect whether the defendant is in prison, in jail, or on probation.6California Legislative Information. California Penal Code 1203.097 Violating any of these orders is itself a separate offense under Penal Code 273.6, chargeable as a misdemeanor and carrying a 10-year firearm prohibition on conviction.
Firearm Consequences
A domestic violence conviction triggers some of the most aggressive firearm restrictions in state and federal law, and the gun ban often outlasts the jail sentence and probation combined. Under federal law, 18 U.S.C. § 922(g)(9) prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing any firearm or ammunition, with no carve-out for law enforcement officers or military personnel.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The prohibition applies even to convictions predating the law’s 1996 effective date and lasts for life unless the conviction is expunged, pardoned, or set aside.9United States Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence A violation is a federal crime punishable by up to 15 years.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
California adds its own layer on top. A misdemeanor 273.5 conviction on or after January 1, 2019 triggers a lifetime California firearm ban; convictions before that date carry a 10-year ban. A 273.6 conviction for violating a protective order also carries a 10-year state ban.11California Department of Justice. Firearms Prohibiting Categories When a California-specific prohibition expires, the federal lifetime ban still applies.
Immigration Consequences for Non-Citizens
For a non-citizen, a domestic violence conviction can be more consequential than the criminal sentence itself. Under 8 U.S.C. § 1227(a)(2)(E), any non-citizen convicted of a crime of domestic violence after admission to the United States is deportable, and violating a protective order is an independent deportation ground under the same statute even without a separate criminal conviction.12Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
The downstream effects reach further. A domestic violence conviction can bar DACA eligibility, block certain forms of cancellation of removal, and, if the sentence imposed is one year or more, qualify as an aggravated felony for immigration purposes, which eliminates most forms of relief from deportation.
Reading the Statute in Context
If you are trying to understand what Penal Code 13700 means for a specific case, the useful framing is this: 13700 tells you whether the conduct and the relationship fit California’s working definition of domestic violence. If they do, 13701 shapes what the police must do. The charging statute, usually 243(e)(1) or 273.5, determines the penalty exposure. The probation statute, 1203.097, dictates the conditions if the case ends in probation. And federal firearm and immigration law can attach consequences that reach well past the sentence the state court imposes.