Domestic Violence Probation in Los Angeles

Most people convicted of a domestic violence (DV) offense in Los Angeles are placed on probation for a certain amount of time. Still, the judge can deny probation and sentence a defendant to serve their sentence in jail.

Simply put, if somebody gets convicted of a domestic violence charge, whether it be a felony or a misdemeanor, the courts will typically place them on probation. The other alternative after a conviction is being sent to county jail or state prison, and then that person would be on parole when they got out and have to deal with the parole department.

Probation is just one of several possible consequences of being convicted of domestic violence in California. Notably, probation may be granted instead of, or in addition to, jail time in many domestic violence-related criminal cases.

Probation, granted by a judge, is a fair way for the court to ensure justice is served and your debt to society is paid. It's a preferable alternative to overcrowded Los Angeles County jail. Under California Penal Code 1203.097 PC, a domestic violence conviction generally results in at least 36 months of probation.

Any sentence imposed by a judge for a domestic violence-related offense will depend on whether the underlying crime was a misdemeanor or felony. For instance, domestic battery under Penal Code 243(e)(1) is a misdemeanor crime and will most likely include receiving probation.

The more severe crime, corporal injury to a spouse under California Penal Code 273.5, is a “wobbler,” where the district attorney has the discretion to file the case as either a misdemeanor or felony.

If the judge grants probation, you will be expected to follow all the terms and conditions of probation, including those of a domestic violence protective order, which are common.

Summary vs. Supervised Probation

There are two types of probation in California - summary and supervised. Summary, known as “informal probation,” applies to a misdemeanor domestic violence conviction. Supervised, “formal probation” applies to a felony conviction.

Probation will typically last from three to five years, and it's a conditional release program, which allows you to serve your domestic violence sentence within the community rather than sitting in a county jail.

As noted, you will need to follow the terms and conditions of probation, including not committing any new crimes and other conditions during the probation period.

If convicted of a misdemeanor domestic violence offense and placed on summary probation, you will not be actively monitored by the Los Angeles County Probation Department. Instead, you will be given due dates to complete community service, counseling, fines, and other conditions of probation imposed by the court.

If convicted of a felony domestic violence offense and placed on supervised probation, you will be required to regularly check in with the probation department, who is responsible for monitoring your progress and to report any violations to the court. Also, you will be subjected to random drug testing.

But most times, especially on first offenses, when someone is put on probation, the question is how long that probation will last. Is it going to be for three years? Is it going to be for five years? Consider the following facts:

In the more serious domestic violence cases, such as California Penal Code 273.5, corporal injury to a spouse, it's going to be a five-year probation where the person can't pick up any new cases or can't violate any of the terms and conditions of probation, or they'd be subject to getting additional punishment related to that probation violation matter, including any domestic violence protective order.
In most domestic violence cases, though, such as California Penal Code 243(e)(1), domestic battery, the legislature says the person has to be on probation for at least three years, even in misdemeanor cases. I have seen cases where the probation has been less.

Sometimes, probation lasts one or two years, but prosecutors usually demand at least three years. They try to monitor the person and ensure that they are not violating the terms of probation or abusing or hurting the alleged victim in the case. They also ensure that the person finishes their 52-week domestic violence course and any other terms and conditions of their probation.

What Are the Probation Terms for Domestic Violence Offenders?

If granted a probation sentence, there will be several requirements you must follow. Some requirements are specific to the type of conviction. Consider the following facts:

A domestic violence offense will typically include a mandatory 52-week batterers' intervention program as part of your probation. The classes usually meet weekly for two hours, involving education, group work, and counseling.
The judge might also order you to attend substance abuse counseling and anger management classes, perform community service hours, or serve some time in jail.
While on probation for a DV conviction, you must pay fines and victim restitution or make payments to a battered women's shelter.
You are expected to attend all the ordered classes, keep all counseling appointments, and complete them on time.
You will be prohibited from owning, possessing, or having any custody or control of a firearm.
If you violate the terms of the restraining order, you could be facing a probation violation, which could lead to additional punishment.
You will also lose your ability to own, use, or possess a weapon when you're put on probation in a domestic violence case. So, if you have a gun in your name, you will have to sell it, give it away, and get it out of your name. Otherwise, you'll violate your probation and be looking at punishment.

Sometimes, the victim wants to reconcile their relationship and will ask the court to lift the protective order. In such cases, you have the right to request a modification to the probation terms. The judge might be open to terminating the protective order or reducing it to Level One, allowing peaceful contact. Understanding this process can help you navigate your probation more effectively.

In some domestic violence cases, it could affect custody of your child. You might be prohibited from visiting your child, but it's more common for the judge to order supervised child visitation. If you have contact with your child without supervision, it could also result in a probation violation.

Probation Violations for DV Cases

When you're on probation for a domestic violence case, there can be an internal violation or an external violation. An external violation is easy to figure out. It has to do with picking up a new criminal case, and they would violate their probation in the way the judge will tell them at the end of their sentencing that part of the terms and conditions of their probation is to obey all laws.

So, if you pick up a new criminal case, that would be an external violation. They could send you to court to deal separately with the latest open criminal case and the probation violation. You could be looking at jail time up to the maximum of whatever the max is for the particular charge that you pled guilty or no contest to.

An internal violation, on the other hand, which is common in domestic violence cases, occurs when you do not do something you were supposed to relate to what the judge ordered you to do at the time of your sentence.

For example, if they ordered you to take a 52-week domestic violence course, make sure you take it at least once per week. If you blow your classes off or don't take them, you will return to court for a progress report. Other internal violations involve:

Not paying restitution related to the case.
Not paying your fines.
Not doing community service, such as Cal Trans.

So, being on probation comes with responsibilities. If you don't meet your obligations, the judge and the prosecutor will be looking to punish you. You're entitled to a probation violation hearing, where the judge or prosecutors present evidence to show that you've violated your probation. The judge can then punish you for that internal violation. Consider the following facts:

If you fail to complete the terms of domestic violence probation promptly, the judge can issue a probation violation and bench warrant for your arrest.
Violating your probation can result in the judge imposing your original sentence, meaning you will serve jail time for the original sentence.
The judge can impose the maximum jail sentence for your offense, which can be one year in county jail for a misdemeanor crime.
In situations where the judge doesn't order jail time, they can modify the terms and conditions of your probation and make it longer.
The judge can revoke probation entirely and send you to jail due to the violation.
The judge also has the option to reinstate probation and add additional terms, like more community service hours or extra time in custody.
If you are an undocumented immigrant, you could be facing deportation.

Los Angeles Domestic Violence Attorney

So, if you're on probation for domestic violence, you want to be careful what you do and not violate your probation. Realize right from the beginning that this is a very politically charged crime so that they will keep an eye on you, and if you don't do what you're supposed to, they will punish you.

You'll be looking at jail time and other potential issues. Usually, once you get off probation, you can file a motion to dismiss your case under Penal Code Section 1203.4. They call it an expungement, but it's just getting a dismissal. People who run your record won't be completely wiped off. They'll be able to see it, but they'll be able to see that your domestic violence case was dismissed, and you can move on with your life.

The consequences of a domestic violence conviction can be severe. Suppose you have been accused of violating domestic violence probation in any Los Angeles County criminal court. In that case, you will need skilled California criminal defense lawyers who know how to defend your rights at the probation violation hearing.

Our lawyers could give you a better chance at minimizing penalties for a probation violation and might be able to prevent you from serving jail time. Early intervention in the case is crucial to its outcome, as we might be able to negotiate with the prosecutor for reduced charges or even get the case dismissed.

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