Last October, my ex-boyfriend of 3 years was drunk and physically assaulted me (twisted my arm, stepped on my foot and pushed me down) to take my cell phone. He was arrested for robbery and released on $50K bail. The D.A. filed charges for Battery on Non-Cohabitating Spouse in which he has pleaded not-guilty. I haven't talked to him since that day and have obtained a temporary restraining order on him. He is still out on bail and I have been keeping up with the case online. He has an attorney and has gone to pre-trial 3 times, with the trial date set for Feb 5th. I just received a subpoena to testify. Does anyone know what the penalty is for penal code 243(e)1? I'm surprised that he did not plea out. Could it be that he was convicted of 2misdemeanors back in 1996 (DUI) and this would be the 3rd? What should I expect to happen during trial? Any information would be greatly appreciated.