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Cal. Penal Code § 273.5 (2026)

✓ current as of May 2026
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(a)A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

(b)Subdivision (a) shall apply if the victim is or was one or more of the following:

(1)The offender’s spouse or former spouse.

(2)The offender’s cohabitant or former cohabitant.

(3)The offender’s fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.

(4)The mother or father of the offender’s child.

(c)Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.

(d)As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.

(e)For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.

(f)(1)A person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).

(2)A person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.

(g)If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.

(h)If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation:

(1)If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that the defendant be imprisoned in a county jail for not less than 15 days.

(2)If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that the defendant be imprisoned in a county jail for not less than 60 days.

(3)The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.

(i)If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:

(1)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.

(2)(A)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.

(B)For an order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a domestic violence shelter-based program shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a person who is married or in a registered domestic partnership is caused in whole or in part by the criminal acts of their spouse or domestic partner in violation of this section, the community property may not be used to discharge the liability of the offending spouse or domestic partner for restitution to the injured spouse or domestic partner, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse or domestic partner and dependents, required by this section, until all separate property of the offending spouse or domestic partner is exhausted.

(j)(1)Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from contact with the victim, which may be valid for up to 15 years, as determined by the court. It is the intent of the Legislature that the length of a restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to Section 273.75.This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

(2)Upon a written petition by the prosecuting attorney, defendant, or victim, the issuing court may modify or terminate a protective order for good cause provided the prosecuting attorney, defendant, and victim are notified at least 15 days before the hearing on the petition.

(k)If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of their right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.

Notes of Decisions
Cited in 1,075 cases (391 in the last 5 years), 1984–2026 · leading case: Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019).
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Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019). · cites it 9× “Compare Cal. Penal Code § 273.5 (e)(1) (2010), with id.”
Butler v. Curry, 528 F.3d 624 (9th Cir. 2008). · cites it 5× “But after examining California case law on the “particularly vulnerable” victim aggravating factor, we have grave doubt about whether a jury would have found that Daria was a particularly vulnerable victim of the crime of domestic assault (Cal.”
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009). · cites it 6× “” At his hearing before the IJ, Morales conceded removability; however, he denied the fact of his conviction under Cal.Penal Code § 273.5. The government adduced a certified copy of an abstract of judgment and prison commitment order, showing both that Morales was convicted of…”
Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney Gen., 468 F.3d 1159 (9th Cir. 2006). · cites it 4× “3d at 922 (quoting Cal. Penal Code § 273.5 (a)). For two reasons, the BIA erred in relying on Grageda .”
Alvaro Palafox Grageda v. U.S. Immigr. & Naturalization Serv., 12 F.3d 919 (9th Cir. 1993). · cites it 6× “, Cal. Penal Code § 273.5 (a). 1 In Guerrero de *922 Nodahl, the court had to determine the intrinsic nature of a similar crime — child abuse.”
Galeana-Mendoza v. Gonzales, 465 F.3d 1054 (9th Cir. 2006). · cites it 4× “(discussing California Penal Code section 273.5).10 Grageda 10 Grageda’s view of the specific intent requirement of California Penal Code section 273.”
United States v. Steven Walker, 953 F.3d 577 (9th Cir. 2020). · cites it 5× “WALKER SUMMARY** Criminal Law The panel affirmed a criminal judgment in a case in which the defendant, who pleaded guilty to being a felon in possession of a firearm, challenged the application of a fifteen-year-minimum sentencing enhancement under the Armed Career Criminal Act…”
United States v. Laurico-Yeno, 590 F.3d 818 (9th Cir. 2010). · cites it 4× “2 after the sentencing judge determined his prior conviction of Inflicting Corporal Injury on Spouse/Cohabitant Partner in violation of California Penal Code § 273.5 (“ § 273.5”) was a “crime of violence.”
Jose Hernandez v. Merrick Garland, 47 F.4th 908 (9th Cir. 2022). · cites it 2× “He was convicted in 2014, 2015, and 2016 of “domestic violence with injury” under California Penal Code § 273.5(A) and sentenced to increasingly longer 6 HERNANDEZ V.”
Aurora Olea-Serefina v. Merrick Garland, 34 F.4th 856 (9th Cir. 2022). · cites it 3× “” The BIA noted that this phrasing is very similar to California Penal Code § 273.5(a), which punishes any “person who willfully inflicts corporal injury resulting in a traumatic condition upon” specified persons.”
People v. Williams, 948 P.2d 429 (Cal. 1998). · cites it 2× “Code, § 11377) with probation along with commitment to jail; and (17) a 1995 conviction for the misdemeanor of willful infliction of corporal injury on a spouse or cohabitant resulting in a traumatic condition (Pen. Code, § 273.5) — so-called "spousal battery" — with commitment…”
State v. Fernando Ortiz-Mondragon, 2015 WI 73 (Wis. 2015). · cites it 5× “¶47 In a subsequent decision, the Ninth Circuit recognized the narrow holding of Grageda and concluded that a "conviction under Cal. Penal Code § 273.5 (a) for abuse of a cohabitant is not categorically a [crime involving moral turpitude].”
Show all 1,075 citing cases →
— Cal. Penal Code § 273.5(A) — 5 cases
Jose Hernandez v. Merrick Garland, 47 F.4th 908 (9th Cir. 2022). “He was convicted in 2014, 2015, and 2016 of “domestic violence with injury” under California Penal Code § 273.5(A) and sentenced to increasingly longer 6 HERNANDEZ V.”
Garland v. Ming Dai, 593 U.S. 357 (2021).
Hodges v. Newland, 172 F. Supp. 2d 1245 (N.D. Cal. 2001).
Garland v. Ming Dai, 593 U.S. 357 (2021).
Garland v. Ming Dai, 593 U.S. 357 (2021).
— Cal. Penal Code § 273.5(a) — 76 cases
Butler v. Curry, 528 F.3d 624 (9th Cir. 2008). “But after examining California case law on the “particularly vulnerable” victim aggravating factor, we have grave doubt about whether a jury would have found that Daria was a particularly vulnerable victim of the crime of domestic assault (Cal.”
Alvaro Palafox Grageda v. U.S. Immigr. & Naturalization Serv., 12 F.3d 919 (9th Cir. 1993). “, Cal. Penal Code § 273.5 (a). 1 In Guerrero de *922 Nodahl, the court had to determine the intrinsic nature of a similar crime — child abuse.”
Aurora Olea-Serefina v. Merrick Garland, 34 F.4th 856 (9th Cir. 2022). “” The BIA noted that this phrasing is very similar to California Penal Code § 273.5(a), which punishes any “person who willfully inflicts corporal injury resulting in a traumatic condition upon” specified persons.”
United States v. Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011).
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009). “” At his hearing before the IJ, Morales conceded removability; however, he denied the fact of his conviction under Cal.Penal Code § 273.5. The government adduced a certified copy of an abstract of judgment and prison commitment order, showing both that Morales was convicted of…”
— Cal. Penal Code § 273.5(c) — 1 case
United States v. Moreno-Florean, 542 F.3d 445 (5th Cir. 2008).
— Cal. Penal Code § 273.5(d) — 2 cases
Adrian Vargas Cervantes v. Eric Holder, Jr., 772 F.3d 583 (9th Cir. 2014).
United States v. Cristobal Colon-Arreola, 753 F.3d 841 (9th Cir. 2014).
— Cal. Penal Code § 273.5(e) — 1 case
Sanchez Gamino v. Holder, 6 F. Supp. 3d 1028 (N.D. Cal. 2013).
— Cal. Penal Code § 273.5(e)(1) — 1 case
Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019). “Compare Cal. Penal Code § 273.5 (e)(1) (2010), with id.”
— Cal. Penal Code § 273.5(f)(1) — 2 cases
Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019). “Compare Cal. Penal Code § 273.5 (e)(1) (2010), with id.”
Michael Jenkins v. Alex Villanueva (C.D. Cal. 2021).
— Cal. Penal Code § 273.5(f)(2) — 1 case
Barela v. Spearman (S.D. Cal. 2020).
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