Domestic Violence: Counseling For The Victim

When a defendant is convicted of Domestic Violence
in Orange County, either by a trial or through a plea deal negotiated by their Orange County
Domestic Violence Lawyer, the law requires that, as a term of probation,
the defendant must successful complete a domestic violence counseling program.
This domestic violence program is either a 52-week batterer’s treatment program
or an anger management program, depending on the charge they were convicted of.
In this way, the law ensures that someone who has committed domestic violence
is given counseling and a chance to break the cycle of domestic violence.

Of course, mental health experts tell us that the cycle of
domestic violence is most often perpetuated by both the defendant AND the
victim. Thus, it would be best to provide counseling to both the defendant and
the victim in order to break the cycle of domestic violence. However, since the
victim is no on probation, it can be difficult for the court or the defendant’s
Orange County Domestic Violence Attorney to convince the victim to
attend counseling.

In order to address this problem the court has come up with
a creative solution. You see, when a defendant is convicted of domestic
violence, they are usually served with a Protective Order
(restraining order)
by the court which prohibits the defendant from having any contact with the
victim. However, the victim of domestic violence can petition the court to
modify a protective order to allow the defendant to have peaceful contact with
the victim. Since the defendant and the victim are often married, and often
even have children together, such a modification is usually granted.

But granting such a petition lies within the sound
discretion of the court. And judges in Orange County will often require the
petitioner (the victim of domestic battery) to attend counseling before the court
will grant modification of a protective order.

Domestic
Violence Lawyers know that the most common counseling required by the
Orange County court is the Personal Empowerment Program. This program consists
of ten sessions (once a week for ten weeks). Each session is two hours long.
The program is designed to teach victims how to help break the cycle of
domestic violence. And in Orange County it is typical for a judge to require a
victim to complete some or all of the ten sessions before the judge will modify
the protective order to allow for peaceful contact between the defendant and
the victim.

If you or a loved one is charged with domestic violence, Criminal Threats,
Corporal Injury,
or any other crime of violence, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced Orange County criminal defense lawyer.
You can also visit us at www.ejeaquire.com.
We have offices at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92675.