Legal Question in Criminal Law in California

I have a friend who is legally divorced and does not live with ex-spouse, who is being charged with corporal punishment on a spouse or cohabitant. Does it matter that the victim is neither of these things?


Asked on 10/21/10, 11:07 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Nope.

I think you mean Corporal Injury, as defined in Penal Code 273.5, which specifically applies to the defendant's "spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child."

As a former spouse, the victim is still covered.

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Answered on 10/26/10, 11:30 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Marshall. "Any person who willfully inflicts upon a person who is

his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment." (Pen. Code, sect. 273.5 subd. (a).)

Former spouses and former cohabitants are sufficient to prosecute under that statute.

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Answered on 10/27/10, 5:48 am


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