Battery involves the actual use of force or violence against an intimate partner. It is more serious than assault because physical contact has been made. Battery in domestic violence cases usually involves slapping, punching, pushing, or any form of harmful physical contact. California Penal Code 243(e)(1) applies to cases where the battery is committed against a spouse, former spouse, cohabitant, or someone with whom the defendant has a dating relationship or shares a child. Penalties: Battery against an intimate partner can be charged as a misdemeanor, punishable by up to 1 year in county jail and fines of up to $2,000. In some cases, the court may impose mandatory counseling programs.