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 ....