Domestic Violence Conviction: Mandatory Terms of Probation

Domestic
Violence Lawyers in Orange County

In California, a defendant who is convicted of a domestic
violence crime, such as Child
Endangerment, Domestic Battery, Criminal Threats,
or Corporal
Injury, will be subject to mandatory terms of probation, if they are given probation
by the court. A conviction occurs when the defendant either pleads guilty to a
domestic violence offense or they are found guilty by a jury. In most cases,
the defendant’s Irvine
Domestic Violence Lawyer works out a deal with the District Attorney
whereby the defendant is given probation instead of being sentenced to the
maximum jail or prison time allowed by statute.

While on probation, a domestic violence defendant must
comply with all the terms of probation or risk being sentenced to jail or prison.
Some terms of probation MUST be imposed while others are discretionary. Penal
Code Section 1203.097 mandates that when a defendant is convicted of domestic
violence, the following terms MUST be made part of the defendant’s probation:

 

1)     
The defendant must be on probation for at least three
years;

2)     
The defendant must comply with a “Protective Order”,
directing the defendant to have no violent contact with the victim;

3)     
The victim must be served with notice of the terms of
any deal;

4)     
If the defendant hasn’t already been “booked’, they
must do so within one week of the sentence;

5)     
A minimum $500.00 fee;

6)     
The defendant must attend and successfully complete a
Batterer’s Treatment program of at least one year in length, with at least two
hours of class per week. The defendant MUST attend every week with only three
excused absences allowed all year. Moreover, a progress review is made in court
every three months. If the defendant does not make progress in the program, isn’t
benefitting from it, or commits new criminal conduct, the defendant can be
brought before the judge and sentenced to jail or prison. The program is at the
defendant’s expense but cost is on a sliding scale based on the defendant’s ability
to pay;

7)     
The defendant MUST perform community service. The
length and type are to be determined by the court; and

8)     
If the court determines that the defendant needs drug
or alcohol treatment, the court will also order that as a term of probation and
at the defendant’s expense.

 These terms of probation are mandatory for any conviction of
a domestic violence offense. The defendant’s Mission Viejo
Domestic Violence Lawyer cannot bargain to have these terms removed. The
only way to avoid them is to persuade the DA to change the charged offense to a
non-domestic violence charge.

 

If you face charges for domestic violence, call The Law
Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential
consultation with an experienced Orange County Domestic Violence Attorney. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627. You can also visit us online at
www.ejesquire.com.