As in regular battery, there is no requirement that the accused has inflicted an injury on the victim to be guilty of domestic violence battery. The use of force or violence is unlawful when there exists no privilege of self-defense or defense of other persons. Unlawful Force or violence, as in a regular battery, the crime of domestic violence battery is committed when the accused unlawfully uses force or violence. To Prove the Crime of Domestic Violence Battery, the prosecution must prove, beyond a reasonable doubt, that the accused used : Effective January 1, 2002.Penal Code section 243 (e) (1) defines domestic violence battery as battery committed against a spouse, former spouse, cohabitant or former cohabitant, person with whom the accused has a dating relationship or a former dating relationship, the person with whom the defendant has had a child, fiancée or former fiancée. (c) This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute. (3) “School” means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college. It does not include any facility when used for professional sports or commercial events. (2) “Park” means any publicly maintained or operated park. (1) “Hospital” means a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, the licensure requirements of Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

(b) For the purposes of this section, the following terms have the following meanings:

The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section. (2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. (a) (1) Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public or private hospital, against any person, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.

243 a 1 pc