What is the test for domestic violence under section 13700 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Landeros, F077393 (Cal. App. 2020):

"Penal Code section 13700 subdivisions (a) and (b) together define domestic violence as requiring either bodily injury, attempted bodily injury, or placing the victim in 'reasonable apprehension of imminent serious bodily injury to himself or herself, or another.' [Citation.]" (People v. Ogle (2010) 185 Cal.App.4th 1138, 1144.)

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)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (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 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
What is the difference between the wording of a special circumstance provision in the California Penal Code and the wording in section 189 of the Penal Code? (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 Penal Code section 490.2 of the California Penal Code constitute a grand theft offence? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.