Mandatory Terms of Probation for a Domestic Battery Conviction

Domestic battery, more commonly called "spousal abuse" or "spousal battery," is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2,000 fine.

An intimate partner can face domestic battery charges even if he or she used only the slightest force. Any unwelcome touching can result in a battery charge. However, if the accuser suffers a serious injury, the battery charge will rise to a felony, which carries a maximum penalty of four years in state prison.

While that is the maximum prison sentence and fine that can accompany a first-time battery conviction (a person with prior battery convictions 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. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant's side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Anyone convicted of domestic battery in California will be placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a probation officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called "summary probation," which means that the individual must follow-through with the terms of probation and must not violate any other laws.

During the period the offender is on probation, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should be noted that the accuser will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn't booked prior to trial.

In addition to the procedural conditions just described, the convicted must pay a minimum of $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 victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

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, discretion and respect. They sympathize with their clients and do their best to help each client through this difficult time. To learn more about the penalties that go along with a battery conviction or to speak with one of our attorneys regarding any another legal matter, click here for a free consultation.