Domestic Violence Batterers' Intervention Program – Penal Code 1203.097
If convicted on a domestic violence-related offense in a Los Angeles criminal court and placed on probation by the court, the judge will order you to complete a 52-week batterers' program known as the Batterers' Intervention Program (BIP). The terms of probation for a domestic violence offense are described under California Penal Code Section 1203.097.
Domestic violence incidents in Los Angeles carry severe penalties, including potential jail time, substantial fines, and years of probation with strict conditions outlined in PC 1203.097. These consequences underscore the gravity of the offense and the necessity of adhering to the court's orders. In addition, you may be subject to a criminal protective order and be required to complete community service hours.
You might also be ordered to enroll in a drug and alcohol treatment program or even attend anger management classes, and you will lose your gun possession rights after a domestic violence conviction.
One of the significant consequences of domestic violence probation is the mandatory enrollment and completion of the Batterers' Intervention Program. This is not a choice but a strict requirement set by the court, underscoring the importance of compliance with the court's orders.
After a DV conviction, you will be required to enroll in an approved program in Los Angeles County within 30 days. It's a one-year program that requires attending a two-hour class once a week, to be completed within 18 months.
Regular attendance in the Batterers' Intervention Program is crucial, as you are allowed no more than three absences, and these must be for valid reasons. Additionally, you are required to pay program fees, which can be adjusted according to your financial situation.
The primary goal of the BIP is to provide you with a better understanding of the issues that led to your domestic violence incident and to prevent future abuse. Completing the program can lead to a positive outcome, potentially helping you overcome your past and move forward in a healthier direction. This potential for positive change can serve as a source of hope and motivation. Conversely, failure may result in a probation violation.
If you have been accused of any type of spousal abuse, it's crucial to seek legal advice. Our Los Angeles domestic violence lawyers are here to review the details of your case and provide you with the best possible options. This support and guidance can help you navigate the legal process with confidence and reassurance.
To provide readers with useful information about the California Batterers' Intervention Program, our domestic violence lawyers offer an overview below.
When Is the Batterer's Intervention Program Required?
If convicted of a misdemeanor or felony domestic violence in Los Angeles, you will normally be placed on probation by the judge. Then, Penal Code 1203.097, batterer's intervention program, will be required as part of probation if the victim is listed under Family Code 6211, which describes domestic violence abuse against someone who is:
- Current or former spouse
- Somebody you're dating or formerly dated
- Somebody you are living with or used you live with
- Somebody who is the parent of your child
If a victim of your domestic violence falls within this list, you are required to be placed on probation for three years, and the batterer's intervention program is a condition of your probation.
It should be noted that physical abuse or injuries are not required for the court to order the BIP. In some cases, the prosecutor may offer a lesser offense, such as disturbing the peace, under Penal Code Section 415.
However, as part of the agreement in exchange for a reduced charge, you would have to complete the PC 1203.097 batterers' program class successfully.
The Batterer's Intervention Program
This program, typically completed through a California state-approved provider, is designed to help convicted defendants of domestic violence identify and change their behavior. You will be provided with a list of approved program providers and are expected to sign up for the 52-week program independently.
However, you will not be alone in this journey. The program staff are there to assist you every step of the way, providing guidance, support, and resources to help you complete the program.
However, the program is not free, as it incurs costs, and you will face penalties for missing too many classes or failing to complete the entire program.
The domestic violence classes will primarily focus on the causes of domestic abuse, the victim's impact, and needed changes to prevent another incident. The Batterers' Intervention Program is designed to provide education and counseling through class lectures, group discussions, and individual counseling sessions.
California Penal Code Section 1203.097 describes judgment and execution of the program:
If granted probation for a crime under California Family Code Section 6211, terms of probation include (1) 36 months of probation; (2) criminal protective order to prevent acts of violence, threats, stalking, sexual abuse, harassment; (3) Notice to victim on resolution of case; (4) Booking defendant after sentencing; (5) Paying a fee of $500, but court could waive fee based on ability to pay.
The BIP program meets once a week for a 2-hour class for 18 months. You can only miss three classes for a good cause. Clearly, you are expected to attend classes sober.
The program includes periodic progress reports and a final evaluation, and you will be required to sign a confidentiality agreement stating that you will not disclose any information learned from the program. You will also be required to provide a progress letter from the program counselor as proof of your progress.
What If I Fail to Complete the Batterers' Intervention Program?
As stated, the BIP is a mandatory condition of domestic violence probation. If you fail to complete the Batterers' Intervention Program, it will be considered a probation violation. This could lead to fines, potential jail time, and a negative impact on your case. It's crucial to understand that non-compliance with the program's requirements can significantly worsen your legal situation.
If you don't complete the program or miss too many classes, the program administrator has the authority to terminate your participation and will inform the court about your non-compliance.
Following a probation violation, the Los Angeles County criminal court judge will issue a probation violation and a bench warrant. This could result in additional penalties, making it crucial to comply with the program's requirements.
If the individual is found guilty of violating the terms of probation, the judge can revoke, modify, or change the terms of a suspended sentence. In other words, after a probation violation, the judge could decide there is no longer a reason to suspend legal penalties for the underlying domestic violence crime, meaning the judge could sentence you to jail time, fines, and other related penalties.
This process and its potential consequences highlight the importance of adhering to the program's requirements and the serious implications of non-compliance.
Contact our Domestic Violence Lawyers for Help
If you are convicted of a domestic violence-related incident in Los Angeles, you are facing life-altering consequences. You could also be facing a one-year domestic violence Batterers' Intervention Program. If convicted of domestic violence, you might be ordered to pay victim restitution for any losses suffered by a victim due to your conduct.
Given the potential life-altering consequences of a domestic violence-related incident in Los Angeles, it's crucial to seek legal advice. Our team of domestic violence lawyers in Los Angeles can provide the guidance and support you need to understand your legal options and develop an effective strategy for the best possible outcome.
Our law firm serves clients throughout Los Angeles County and the San Fernando Valley. Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact us for a free case evaluation at (424) 372-3112.
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