Mandatory probation terms in a California domestic violence stalking conviction
Stalking, when prosecuted under California’s domestic violence laws, takes place when an individual maliciously and willfully harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear. Intimate partners, regardless of whether they are heterosexual or homosexual, are married, divorced, have children together, are living together or are dating or formerly dating. In California, when a person commits a crime against his or her intimate partner, it will necessarily be treated as a domestic abuse crime, which means that if the defendant is convicted and granted probation, there are certain mandatory requirements that will be imposed.
Mandatory probation requirements must be fulfilled within the time that the defendant is on probation, which is at least three years. If the D.V. stalking charge was filed as a misdemeanor, the probation will be informal and will be formal if the charge was filed as a felony. Under either scenario, the defendant must not violate any additional laws or he or she will be subject to a probation violation, which will likely mean more severe penalties in the stalking case, even if he or she isn’t convicted of the new charge.
Once placed on probation for stalking an intimate partner, the defendant must go through the booking process if he or she hasn’t already done so. Booking involves being entered into a criminal database, photographed and fingerprinted. The defendant will also immediately be named as the restrained party in a criminal protective order, issued to prevent further stalking or other abusive behavior towards his or her intimate partner. Depending on the facts presented during the case, a judge may impose a residence exclusion, preventing the defendant from entering the intimate partner’s home, even if they live together, and will likely impose stay-away conditions.
Mandatory terms of probation in an intimate partner abuse case also require that the defendant pay a minimum of $200 to a domestic violence fund, which will be distributed to various agencies designated by the court.
Batterer’s classes will also be imposed on the defendant as a condition of probation. The defendant will be required to attend a two-hour class weekly for at least a year in the hope that he or she will learn to stop his or her abusive behavior. Drug and/or alcohol treatment may also be required, depending on whether the court heard evidence that the defendant has a substance abuse problem. The defendant will also be required to perform a certain number of hours of community service. In addition to the batterer’s classes, a defendant specifically convicted of DV stalking will also be required to go through a different type of counseling to try to help the offender curb his or her behavior.
In lieu of the maximum $1,000 fine that may be imposed as a penalty upon a misdemeanor conviction for stalking an intimate partner, and in addition to the minimum $200 payment required of all persons placed on probation for any intimate partner violence crime, a court may require the defendant to pay as much as $5,000 to a battered women’s shelter and/or to reimburse his or her intimate partner for any reasonable expenses that were incurred as a result of the defendant’s conduct with respect to the stalking charge.
Mandatory terms of probation may be slightly modified if it is within the interests of justice to do so. Before modifying, terminating or revoking probation, a judge will consider the defendant’s financial situation and his or her willingness and diligence in performing the required terms. A good criminal defense lawyer will help ensure that probation terms are only modified when that is in the best interests of his or her client. The experienced attorneys at the Kavinoky Law Firm treat each client with compassion and respect and do their best to help their clients though a difficult time. They help guide their clients through the probationary process with ease and as conveniently as possible. Click here for a free consultation.
