Domestic Violence Probation in California
Most defendants who are convicted of a domestic violence crime in Los Angeles are placed on probation by the judge for a specific amount of time. The criminal court judge, however, could deny a defendant probation and sentence them to serve their time in jail.
If convicted of California domestic violence, probation is only one of many potential consequences. It's important to note that probation could be granted instead of, or in addition to, jail time for a wide range of domestic violence offenses.
The Los Angeles criminal court may grant probation to ensure you are penalized for the crime without sending you to an overcrowded county jail. The probation period is typically 36 months under California Penal Code 1203.097 PC.
It should be noted that any sentence for a domestic violence offense always depends on whether the underlying crime was filed as a misdemeanor or felony.
For instance, the common charge of domestic battery defined under Penal Code 243(e)(1), is always a misdemeanor and will usually include probation.
In more serious domestic violence cases, such as corporal injury to a spouse defined under Penal Code 273.5, which as “wobbler,” the prosecutor could file either misdemeanor of felony charges.
In cases where the courts grant probation, you are expected to adhere to all the terms and conditions of probation. This includes issuing a domestic violence protective order against you. In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
Our criminal defense lawyers outline the details below to provide readers with more useful information about probation in domestic violence cases.
Summary or Supervised Probation
In California, there are two types of probation – summary and supervised. Summary probation, which is commonly called “informal probation,” is usually ordered in a misdemeanor domestic violence conviction. Supervised probation, commonly called “formal probation,” is usually ordered in a felony conviction.
If placed on probation, the period will be three to five years, and the program is a conditional release.
This means rather than serving jail time, you are permitted to serve your sentence in the community. During this time, you must follow all the terms and condition that the court set.
If the court orders summary probation, you will not be closely monitored by anyone but will be provided with some due dates to complete community service, counseling, fines, and any other conditions set by the court.
Suppose you were convicted of a felony domestic violence crime and the court places you on supervised probation. In that case, you will be monitored by the Los Angeles County Probation Department, which will include monthly meetings with a probation officer.
They are given the task of monitoring your progress, and they will report any violations to the court and will usually conduct random drug testing. There are certain situations when the prosecutor could be open to a reduced charge for domestic violence through plea negotiations.
Probation Terms and Conditions
If you are placed on probation, you will be required to follow many requirements, some of which are specific to the type of conviction.
For instance, a first domestic violence conviction will usually require you to complete a 52-week batterers' intervention program, which is a condition of probation. These classes generally meet once every week for two hours and will include educational material, counseling, and some group work.
The court might also order that you participate in substance abuse counseling and anger management and complete some community service hours, or you could be ordered to serve some jail time.
While on domestic violence probation, you will also have to pay fines, victim restitution, or even make some payments to a battered women's shelter. Just so you know, you are expected to regularly attend all the classes, keep all the counseling appointments, and complete all of them on time.
There are some restrictions for domestic violence probation. For instance, you can't own, possess, or have any custody or control of a firearm.
You will also have a temporary or permanent domestic violence restraining order, or a stay away order, issued against you. This will prohibit any contact with the victim. If you violate any of the terms of the restraining order, you will probably be charged with a probation violation.
In some situations, the victim will seek to reconcile their relationship with the defendant. In such a case, the victim can ask the court to lift the protective order. The court has the discretion to either terminate the protective order or reduce it to Level One, which allows for peaceful contact.
In some situations, a domestic violence conviction can impact child custody. The court might prohibit you from having visitation with your child, but it's much more common that the court would order supervised child visitation.
Domestic Violence Probation Violation
If you don't complete all the terms and conditions of domestic violence probation in the specified time frame, the court could order a probation violation and bench warrant for your arrest.
If you violate probation, the court could then impose your original sentence. In other words, if the court granted you probation rather than jail time, you will be ordered to serve the jail time that was ordered on the original sentence.
The court might also impose the maximum jail sentence for your offense, up to one year for a misdemeanor conviction. If the court decides not to impose jail time, then it could modify the terms and conditions of probation and even extend the probation period.
The court also has the discretion to revoke your probation entirely and send you to county jail because of the violation. The court might also decide to reinstate probation and add additional terms, such as more community service hours or time in custody.
If there is an allegation that you violated probation, you are entitled to a hearing to challenge the accusation. During the probation violation hearing, your defense attorney court presents evidence and testimony to show the court there was no violation. It should be noted that the judge, not a jury, entirely decides probation violation hearings.
Contact our Criminal Lawyers for Help
As you can see from the information above, the penalties for a domestic violence conviction are harsh. If you are facing allegations that you violated domestic violence probation in Los Angeles, call our criminal defense attorneys to review the details and options.
We have a record of success and know how to defend your rights at the probation violation hearing. Our attorneys can increase your chances of receiving the minimum penalties for a probation violation, and it might be possible to avoid jail time.
Early intervention into your domestic violence case could be critical to the resolution of the case, and we may be able to negotiate with the prosecutor for reduced charges or even get the case dropped.
Cron, Israels & Stark is a criminal law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We have another office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case evaluation at 424-372-3112.