What is the definition of domestic violence under section 1109 of the California Family Code?

California, United States of America


The following excerpt is from People v. Davis, H041255 (Cal. App. 2016):

Defendant argues that the broader definition of "domestic violence" as set forth in the second sentence of section 1109, subdivision (d)(3) applies only to the type of evidence that the prosecution seeks to introduce and not to the charged offense. This issue was considered in People v. Dallas (2008) 165 Cal.App.4th 940 (Dallas). In that case, the defendant argued that "section 1109 incorporates the definition in Family Code

Page 23

Other Questions


Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a police officer make an arrest for domestic violence under section 836 of the California Domestic Violence Act if the victim is assaulted by her partner while they are not married? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.