Can a police officer make an arrest for domestic violence under section 836 of the California Domestic Violence Act if the victim is assaulted by her partner while they are not married?

Whether married or not, cohabiting partners are in the high risk category for domestic violence. The police officer responding to the scene of a domestic disturbance may be unable to effect an arrest and restore order were it not for this section. To make an arrest without a warrant the crime must either be committed in the presence of the officer if a misdemeanor, or the officer must have reasonable cause for believing a felony has been committed. ( 836.) Domestic violence "is usually accomplished with fists and kicking ... The severity of the injuries are therefore not always capable of instant diagnosis. Internal injuries and even broken limbs may not immediately evidence themselves." (People v. Cameron, supra, 53 Cal.App.3d at p. 793, 126 Cal.Rptr. 44.) Rarely, if ever, will the violence occur in the officer's presence, and he cannot arrest for a felony battery unless the victim suffered serious bodily injury. ⁵ "But an officer given the alternative of arresting for a felony under the provisions of section 273d [now 273.5] may do so when he observes traumatic injury." (Ibid.)