People v. Williams CA5

FACTS

Defendant and K. dated off and on for several years. They had two daughters, born in 2008 and 2009. They lived together for a few months during 2009 and 2010, but they were never married. In 2010, the superior court issued a permanent restraining order against defendant based on K.’s allegations of defendant’s domestic violence. The order prevented defendant from being near K. or the children. Since 2010, K. had full legal custody of the children. On June 18, 2012, K. was living in an apartment in Fresno. Defendant did not live with her, but he frequently spent the night with her. That night, the children were staying with a relative. K. and defendant got into an argument around 3:00 or 4:00 a.m. because defendant claimed she was not a good housekeeper. He punched her arm and slapped her head. She screamed and he covered her mouth, so she bit his hand. He took her keys and cell phone and left. She did not call the police because she was afraid defendant would hurt her. When he returned a few hours later, he gave her the keys and phone. He threatened to kill her if she called the police.

1 All statutory references are to the Penal Code.

2 K. left to run some errands.…