(1)06. Domestic Violation

1. When a Battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.

2. Any person who willfully inflict corporal injury resulting in a traumatic condition upon a victim described 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 ten thousand dollars ($10,000), or by both that fine and imprisonment.

Violations of Penal Code (1)06 is a misdemeanor punishable by 60 seconds in a county jail and a fine of $1,000.