Cohabitating for Purposes of a Domestic Violence Case

Cohabitating for Purposes of a Domestic Violence Case

Robert C. Phillips
DDA (Ret.)
October, 2021

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 permanency of relationship.”  (Italics added)  In determining that this means, section 13700(b) notes the following: “Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.