California Penal Code section 13700 is the statute that defines “domestic violence” and “abuse” for law enforcement purposes in California. It does not create a crime and it does not set a penalty. Its job is to tell every police agency in the state which relationships and which conduct trigger the special response rules that follow in Penal Code 13701, and to supply the vocabulary that other statutes, protective orders, and probation rules borrow when they refer to domestic violence.
What Section 13700 Actually Says
The statute has two definitions that do the real work. The first identifies the relationships that make an incident “domestic.” The second describes the conduct that counts as “abuse.”1Justia Law. California Penal Code 13700-13702 – General Provisions
Under 13700, “domestic violence” means abuse committed against a spouse, former spouse, cohabitant, former cohabitant, a person with whom the suspect shares a child, or a person the suspect is dating or was previously engaged to. Both adults and minors in these relationships are covered.
“Abuse” is defined as 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
Who Counts as a Protected Party
The relationship list is broader than “married couples.” A former spouse remains covered after divorce. A cohabitant is covered whether or not the couple is married, and so is a former cohabitant. Two people who share a child fall inside the statute even if they were never married and never lived together. Dating partners are covered, and so are former fiancés.
That reach matters because the operational rules built on top of 13700, from mandatory arrest policies to protective orders to firearm bans, all follow this same list.
What Counts as “Abuse”
Two features of the abuse definition are worth reading carefully.
First, actual injury is not required. Placing someone in reasonable fear of imminent serious bodily injury is enough on its own. A threat with an apparent ability to carry it out can meet the definition without any physical contact.
Second, the mental state is broad. The conduct qualifies if it is intentional or reckless. Reckless conduct means acting with conscious disregard of the risk of injury, not necessarily aiming to hurt anyone.
The definition also covers attempted injury, and it reaches fear of harm to a third person, not only to the victim.
How the Definition Shapes Police Response
Section 13700 is paired with Penal Code 13701, which requires every California law enforcement agency to adopt written policies for responding to domestic violence calls and to treat those calls as they would any other report of a violent crime.2California Legislative Information. California Penal Code 13701 The 13700 definitions decide when 13701 applies.
California uses a preferred arrest approach. Agency policies must encourage officers to arrest when there is probable cause to believe a domestic violence offense has occurred. When the incident involves a violation of a protective order, arrest is required absent extraordinary circumstances.2California Legislative Information. California Penal Code 13701 Penal Code 836(d) gives officers authority to make a warrantless arrest for a domestic assault or battery when probable cause exists, even if the officer did not witness the incident.3California Legislative Information. California Penal Code 836
When both parties claim to be victims, officers must make reasonable efforts to identify the dominant aggressor, meaning the person who poses the more serious ongoing threat. The law specifically discourages dual arrests. Officers weigh who was acting defensively, the relative severity of injuries, threats that were made, and any history of violence.2California Legislative Information. California Penal Code 13701
Officers also have obligations to the victim at the scene. They must provide written information covering the California Victims’ Compensation Program, the process for pursuing criminal charges, and the report number needed for follow-up. They must help with emergency needs, which can include medical care, transportation to a shelter, and standing by while a victim retrieves personal belongings from a shared residence.2California Legislative Information. California Penal Code 13701
What Prosecutors Charge Instead
Because 13700 is a definitional statute, no one is convicted “under Penal Code 13700.” The criminal charges that get filed after a domestic violence arrest come from other sections of the Penal Code. The two that account for most cases are Penal Code 243(e)(1) and Penal Code 273.5, and the split between them usually turns on whether the victim shows a visible injury.
Domestic Battery: Penal Code 243(e)(1)
Penal Code 243(e)(1) applies when a person uses force or violence against a spouse, cohabitant, co-parent, dating partner, or fiancé, even when no visible injury results. It is a misdemeanor. The penalty is 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)
Corporal Injury: Penal Code 273.5
Penal Code 273.5 covers willfully inflicting corporal injury that results in a “traumatic condition,” which can be as minor as a bruise or a scratch. It is a wobbler, meaning the prosecutor can file it as either a misdemeanor or a felony based on the circumstances.
Charged as a felony, a first conviction carries two, three, or four years in state prison and a fine of up to $6,000. Charged as a misdemeanor, the ceiling is one year in county jail with the same fine.5California Legislative Information. California Penal Code 273.5
A prior conviction within seven years raises the exposure sharply. With a qualifying prior, the felony sentence becomes two, four, or five years in state prison and the fine ceiling rises to $10,000. The qualifying priors are not limited to prior 273.5 convictions; they also include battery causing serious bodily injury, sexual battery, assault with a deadly weapon, and assault with caustic chemicals.5California Legislative Information. California Penal Code 273.5
Even when a repeat offender receives probation, mandatory minimum jail time applies:
- One prior conviction within seven years: at least 15 days in county jail as a condition of probation.
- Two or more prior convictions within seven years: at least 60 days in county jail as a condition of probation.5California Legislative Information. California Penal Code 273.5
A judge can waive these minimums only by finding good cause on the record.
Where the 13700 Definition Reaches
The definitions in 13700 are the entry point for a set of collateral consequences that attach whenever a case is treated as domestic violence.
Probation Conditions
Penal Code 1203.097 imposes a fixed set of conditions when the underlying case fits the 13700 definition. Probation runs at least 36 months, whether the conviction is a misdemeanor or a felony. The defendant must complete a batterer’s intervention program of at least one year, with weekly two-hour sessions, quarterly progress reports to the court, completion within 18 months, and no more than three missed sessions total. Proof of enrollment is due within 30 days of conviction.6California Legislative Information. California Penal Code 1203.097
Other required conditions include a criminal protective order for the victim, a $500 minimum fee that the court can reduce or waive after a hearing on ability to pay, and court-designated community service. The court can also order the defendant to pay up to $5,000 to a domestic violence shelter program and to reimburse the victim for reasonable expenses caused by the offense. Probation cannot terminate until program fees are paid in full.6California Legislative Information. California Penal Code 1203.097
Protective Orders
Several protective orders draw on the 13700 relationships.
An emergency protective order (EPO) is requested by a responding officer, who can reach a judge at any hour. It takes effect immediately and lasts five business days or seven calendar days, whichever is shorter. Only law enforcement can request one; a victim cannot petition directly.7Judicial Branch of California. Guide to Protective Orders
A civil domestic violence restraining order (DVRO) is one the victim petitions for. A temporary order can issue right away if the judge finds immediate risk, and after a hearing the court can grant a DVRO lasting up to five years. If no end date is written on the order, it defaults to three years. A DVRO can be renewed before it expires without new abuse; ongoing reasonable fear is enough.7Judicial Branch of California. Guide to Protective Orders
A criminal protective order is issued by the criminal court under Penal Code 136.2 or at sentencing under Penal Code 273.5. After a domestic violence conviction, this order can last up to ten years and stays in effect whether the defendant is in state prison, county jail, or on probation. It typically bars all contact, sets a stay-away distance, and requires firearms to be surrendered within 24 hours.6California Legislative Information. California Penal Code 1203.097
Violating any of these orders is a separate offense. A misdemeanor conviction for violating a protective order under Penal Code 273.6 carries a 10-year firearm prohibition on top of any other penalty.
Firearm Prohibitions
Firearm consequences are among the most durable results of a domestic violence conviction, and they come from both state and federal law.
Federally, 18 U.S.C. § 922(g)(9) bars 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. The ban applies to convictions predating the law’s 1996 effective date and lasts for life unless the conviction is expunged, pardoned, or set aside.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts9United 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 in prison.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
California adds its own restrictions. A misdemeanor conviction for corporal injury under Penal Code 273.5 on or after January 1, 2019 triggers a lifetime state firearm ban. Convictions before that date carry a 10-year state ban. A conviction under Penal Code 273.6 for violating a protective order also results in a 10-year state ban.11California Department of Justice. Firearms Prohibiting Categories The state and federal restrictions stack, so an expired California prohibition does not lift the federal one.
The through-line in all of this is the same. Penal Code 13700 does not tell a court what to do with a defendant. It tells the legal system who counts and what counts, and every rule that follows works from those definitions.