What is the test for admitting past acts of domestic violence as propensity evidence in a current domestic violence case?

Evidence Code section 1109 allows a trial court to admit prior acts of domestic violence in a current domestic violence case to show a defendant's propensity to commit such acts, subject to the court's discretion under Evidence Code section 352. (Evid. Code, 1109, subd. (a)(1).) It was modeled after Evidence Code section 1108, which allows a court to admit evidence of a defendant's past sex offenses as propensity evidence in a current sex offense case, again subject to Evidence Code section 352. (Evid. Code, 1108, subd. (a); People v. Brown (2000) 77 Cal.App.4th 1324, 1333.) Former CALCRIM No. 852 guided the jury's consideration of evidence admitted pursuant to Evidence Code section 1109.³

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