Does a defendant have to admit evidence of domestic violence to prove he has a propensity to commit domestic violence?

Section 1109 provides that when a defendant is accused of an offense involving domestic violence, evidence that the defendant committed other uncharged domestic violence is admissible unless precluded under section 352. ( 1109, subd. (a)(1).) Evidence of other acts of domestic violence is admissible to show a defendant has a propensity to commit acts of domestic violence. (People v. Brown (2011) 192 Cal.App.4th 1222, 1232.)

Admitting evidence of prior domestic violence to show a propensity to commit the charged domestic violence offense does not violate due process of law because section 1109 affords the defendant substantial protections. (See, e.g., People v. Johnson (2000) 77 Cal.App.4th 410, 417-420; People v. Hoover (2000) 77 Cal.App.4th 1020, 1027-1029.) In particular, the statute allows the trial court to exclude unduly prejudicial evidence under section 352. ( 1109, subd. (a); People v. Johnson, supra, at p. 420.) The trial court may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. ( 352, 1109, subd. (a).)