Batterer’s Classes and Violating a Protective Order
Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order in a domestic abuse case. California law defines intimate partners as couples who are straight or gay, married, divorced, cohabiting, have children in common, or who are dating or were formerly dating.
Violating a protective order in a California domestic violence case is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. Protective orders are orders issued by the court that bar the offender from specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.
In California, when a defendant is convicted for violating a protective order, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for one year. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.
More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The issues that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others. Within these categories, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats and acts that jeopardize the well-being and safety of children and other family members or friends. The program addresses effective ways to communicate in an intimate relationship as an alternative to violent expression and helps the batterer create equality within the relationship.
The instructors confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her own responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection and the impact that battering has on children who are victims and witnesses of intimate partner abuse.
California takes the violation of a protective order very seriously. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the offender takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their discretion and compassion, will make this difficult time a little easier. An experienced defense attorney can answer any questions about violating a protective order, about a batterer’s class, or about any other legal matter during a free consultation.
