Mandatory Terms of Probations with a Conviction for Violating a Protective Order
Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and accuser are intimate partners. Intimate partners may be married, divorced, living together, have children in common, or be currently or formerly dating. These laws apply to both heterosexual and homosexual couples.
Protective orders are issued by the court and may prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum penalty of a one year jail sentence and a $1,000 fine.
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.
While that is the maximum prison sentence and fine that can accompany a first-time conviction for violating a protective order (a person with aggravating factors and/or prior convictions for the same crime faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed.
Upon a conviction for violating a court order, the defendant is placed on a minimum of three years probation, which will likely be informal, because the charge is a misdemeanor. During that time, a more restrictive criminal court protective order will be issued against the defendant to prevent further acts of violence against the protected party and, if appropriate, will contain a residence exclusion and/or stay-away conditions. It should be noted that the protected party will be notified about the outcome of the case.
In addition to the procedural conditions just described, the convicted must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.
In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the protected party for any reasonable expenses that the court believes were incurred as a direct result of the violation.
When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.
The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult time. An experienced defense lawyer can explain the complexities of a charge of violating a protective order during a free consultation.
