Battery Upon an Unrelated Roommate: The Issue of “Cohabitating:”

” I’ve been asked whether it qualifies as a “domestic violence” incident when two unrelated, not romantically nor intimately involved roommates get into an argument with one committing a battery on the other. My answer is “no,” . . . or at least, I don’t think so. Looking at the limited case law, the relevant statutes, and the various (albeit similar) statutory definitions of “domestic violence,” here’s what I found. The potentially chargeable crimes are as follows: Penal Code § 243(e)(1), which provides an enhanced misdemeanor punishment (i.e., up to one year in jail and a $2,000 fine) when the battery is committed against a victim who, among other listed “intimate” relationships, is “cohabiting” with the suspect. The term “cohabiting” is not defined. Penal Code § 273.5 elevates a battery to a felony offense (up to four years in prison and a $6,000 fine) when the battery causes “corporal injury resulting in a traumatic condition” to a person with whom the suspect is cohabitating. “Cohabiting,” although listed as one of the alternate (but necessary) elements, is again not defined. The “domestic violence statute,” however, (i.e., Pen. Code § 13700(b)), which uses a similar description for those who are eligible for domestic violence victim protections, specifically defines “cohabiting” as when the victim and suspect are “two unrelated adult persons living together for a substantial period of time, resulting in some ....