Can a defendant be found guilty of domestic violence by reason of propensity?

Section 1109, subdivision (a) sets forth an exception to the rule regarding propensity evidence for domestic violence cases. Thus, "evidence of the defendant's commission of other domestic violence" is admissible as character evidence tending to prove the charged conduct, subject to section 352. The admissibility of propensity evidence pursuant to section 1109 "reflects the legislative judgment that in domestic violence cases, as in sex crimes, similar prior offenses are 'uniquely probative' of guilt in a later accusation," given the "'typically repetitive nature' of domestic violence." (People v. Johnson (2010) 185 Cal.App.4th 520, 532.) However, under section 1109, subdivision (e), "'Evidence of acts occurring more than 10 years before the charged offense is inadmissible . . ., unless the court determines that the admission of this evidence is in the interest of justice.' Thus, while evidence of past domestic violence is presumptively admissible under subdivision (a)(1), subdivision (e) establishes the opposite presumption with respect to acts more than ten years past." (People v. Johnson, supra, 185 Cal.App.4th at p. 537.)