Los Angeles Domestic Violence Penal Code Section 1203.097

Domestic violence cases in California are prosecuted with exceptional rigor due to the state’s historical efforts to address what was once considered a “private matter.” High-profile cases, including the O.J. Simpson trial, generated significant public outcry and ushered in a wave of legal reforms. These reforms ensured that prosecutors, courts, and legislators took a more aggressive stance against individuals accused of domestic violence. Today, if you are charged with any domestic violence offense, you must be aware that specialized laws and sentencing provisions often limit a judge’s discretion and establish mandatory penalties.

Our domestic violence attorneys at Kraut Law Group Criminal & DUI Lawyers have extensive experience defending against domestic violence charges in Los Angeles and throughout Southern California. This page will discuss the critical aspects of California Penal Code Section 1203.097, common domestic violence offenses, jury instructions, and the sentencing components that anyone facing these charges should know.

What Qualifies as Domestic Violence Under California Law?

California law treats any criminal act (or sometimes, certain non-criminal acts like infractions) involving harm or a threat of harm against an intimate partner or close family member as “domestic violence.” This encompasses more than physical harm; verbal abuse, threats, stalking, harassment, or even property damage can fall under the umbrella of domestic violence if the “victim” is related to the defendant in specific ways outlined by the law.

A central statute is California Family Code Section 6211, which broadly defines who qualifies as a protected party for domestic violence purposes. Protected parties include:

• A current or former spouse.
• A cohabitant or former cohabitant
• A current or former dating partner
• A person with whom the defendant has a child
• A child of the defendant
• Other close blood relatives (for instance, a sibling or parent who resides with the defendant)

Because of this broad definition, it is important to realize that “domestic violence” laws can reach beyond the stereotypical “spousal abuse” scenario. Vandalism (under Penal Code Section 594) or disturbing the peace (under Penal Code Section 415), when committed against someone you have a domestic relationship with, can trigger the application of Penal Code Section 1203.097 if you are placed on probation following a conviction.

What Is Penal Code Section 1203.097?

Penal Code Section 1203.097 is a California statute that imposes mandatory minimum terms for probation granted in domestic violence cases. Essentially, if someone is convicted of a crime and the victim qualifies under Family Code Section 6211, and the court chooses to grant probation (either summary or formal), the judge must impose specific conditions under Penal Code Section 1203.097.

These mandatory conditions were designed to ensure that domestic violence offenders undergo counseling, pay fines that help fund domestic violence programs, and are monitored to prevent further harm. The statute aims to reflect California’s public policy of deterring domestic violence and protecting victims through ongoing oversight.

When Does Penal Code Section 1203.097 Apply?

The penal code section applies whenever a defendant is placed on probation for a crime where the victim falls under the categories defined by Family Code Section 6211. Notably:

• There is no requirement that the crime charged be called “domestic violence.”
• Actual physical harm or injury is not strictly necessary.
• Threats, stalking, harassment, or property damage (vandalism) can also bring the offense under 1203.097 if the victim has the requisite domestic relationship with the defendant.

The key factor is the relationship between the defendant and the victim, not just the type of offense. However, if a defendant is only convicted of an infraction (a very low-level offense), Penal Code Section 1203.097 does not apply because the statute only comes into play when a defendant is placed on probation.

Required Terms Under Penal Code Section 1203.097

Judges overseeing domestic violence cases do not have unlimited discretion when imposing sentences. Once the court decides to grant probation for a domestic violence offense, it must impose specific conditions. These include:

• Minimum Period of Probation. The probation period must be at least 36 months (3 years). This can be summary probation (often called “informal probation”) or formal probation, depending on the severity of the case and the court’s decision. 
• Protective Order. The sentencing judge is required to issue a protective order for the victim’s safety. Known as a criminal protective order (“CPO”), it can forbid further acts of violence, threats, stalking, sexual abuse, or harassment. Sometimes, the court may allow a “level one” protective order that permits peaceful contact, especially if the victim and defendant continue to share a household, have children, or wish to maintain some form of contact.
• Batterer’s Intervention Program. Defendants must complete a 52-week batterer’s intervention program. This is usually a one-year course meeting weekly, providing education and counseling aimed at preventing future abuse. During the term of probation, the defendant may be required to periodically report back to the court to demonstrate compliance and progress.
• Fines and Fees. Penal Code Section 1203.097 mandates a minimum fine of $500. However, because California imposes additional penalties and assessments, the total amount often becomes significantly higher. Courts can also order restitution to the victim for any out-of-pocket expenses related to the crime, such as medical bills or property damage repairs.
• Other Possible Conditions. Depending on the circumstances, the court may impose additional requirements, such as community service, parenting classes, substance abuse treatment, mental health counseling, or additional protective orders. If the defendant has any prior convictions for domestic violence or other aggravating factors, these conditions may be more restrictive.

Enforcement of Penal Code Section 1203.097

One of the primary methods the court uses to ensure compliance is scheduling “progress reports.” If you plead guilty or are found guilty of a domestic violence offense, the judge may require you to come to court every few months to show proof of enrollment and ongoing participation in the 52-week batterer’s intervention program, payment of fines, and compliance with the protective order. If you fail to comply, you risk a probation violation, which can lead to additional jail time or more stringent probation conditions.

California Domestic Violence Jury Instructions

Understanding the jury instructions that apply to domestic violence cases is crucial for anyone charged with one of these offenses. Jury instructions in California are known as CALCRIM instructions (California Criminal Jury Instructions). Several instructions are relevant to domestic violence cases, including:

• CALCRIM 841: This relates to battery on a spouse, cohabitant, or person with whom the defendant has a dating or engagement relationship (Penal Code Section 243(e)(1)). It outlines what the prosecution must prove, including the willful and unlawful use of force or violence against someone the law deems protected.
• CALCRIM 840: This instruction deals with the infliction of corporal injury on a spouse or cohabitant (Penal Code Section 273.5). It explains that the defendant must have willfully inflicted a physical injury on a spouse, cohabitant, or other protected individual, resulting in a traumatic condition.
• CALCRIM 852: This instruction covers the consideration of prior acts of domestic violence. The prosecution may introduce evidence that the defendant committed domestic violence on another occasion. This instruction guides the jury on how to consider, but not solely rely on, this evidence when determining the defendant’s guilt in the current charge.
• CALCRIM 103: General instructions on witness credibility and how the jury should evaluate evidence. This can be vital in domestic violence cases, where allegations may hinge on testimonies from the alleged victim and the accused.

These instructions are critical for both the prosecution and defense. The prosecution must show beyond a reasonable doubt that the defendant’s conduct meets all the elements outlined in the relevant CALCRIM instruction. The defense may challenge the credibility of the victim’s testimony, argue self-defense or mutual combat, or present evidence of false accusations, especially if there is a history of contentious divorce or custody battles.

Sentencing Components and Consequences

Sentences for domestic violence offenses in California depend largely on whether the crime is charged as a misdemeanor or a felony, any prior convictions, the severity of injuries (if any), and other case-specific factors. Key considerations include:

•  Jail or Prison. A misdemeanor domestic violence conviction (Penal Code Section 243(e)(1), for example) can result in up to one year in county jail. Felony convictions (Penal Code Section 273.5) can lead to time in state prison, ranging from 2 to 4 years or even longer if there are enhancements.
• Probation. While many domestic violence convictions result in probation (especially if it is a first offense and the injuries are not severe), probation under Penal Code Section 1203.097 comes with mandatory conditions, as discussed above. Failure to complete these terms can lead to a revocation of probation and additional jail time.
• Criminal Protective Orders. Even if you share a home with the alleged victim or have children together, the court may issue a protective order restricting contact. Violating a protective order is a separate criminal offense and can lead to immediate arrest.
• Immigration Consequences. Domestic violence is considered a “crime of moral turpitude,” which can have severe immigration consequences for non-U.S. citizens. A conviction can lead to deportation or future inadmissibility to the U.S.
• Firearm Restrictions. Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms. If you own firearms and are charged with a domestic violence offense, you may be required to surrender your weapons or face additional criminal charges.
• Practical Defense Strategies. A robust defense strategy can make the difference between a dismissal, a reduced charge, or a conviction. Some common defenses in domestic violence cases include:
• False Allegations. In contentious relationships, divorce proceedings, or custody disputes, one party may fabricate or exaggerate claims to gain leverage. A thorough investigation of the accuser’s motives, corroboration of timelines, and examination of all evidence can expose false allegations.
• Self-defense or Defense of Others. If you used force to protect yourself, your children, or someone else from imminent harm, you might have a valid defense. California law permits a person to defend themselves or others from unlawful violence, provided the force used is proportional and reasonable.
• Accidental Injury. Sometimes, what appears to be domestic violence may have been an accident with no intent to harm. Demonstrating that any injury was unintentional and resulted from a circumstance beyond the defendant’s control can be a defense to specific charges requiring willful conduct.
• Lack of Evidence. The prosecution has the burden of proving every element of the charge beyond a reasonable doubt. If the evidence is weak—such as uncorroborated testimony, inconsistent statements, or lacking physical evidence—the defense can argue that the prosecution failed to meet its burden.

Why It’s Crucial to Consult an Experienced Attorney

Domestic violence charges can have devastating repercussions on your personal life, professional opportunities, and family dynamics. A conviction, even if it is a misdemeanor, imposes mandatory conditions of probation under Penal Code Section 1203.097 and can create a permanent criminal record. Moreover, a protective order can restrict or entirely prevent you from having contact with loved ones, and failing to comply can result in separate criminal charges.

Given the complex nature of these cases—and the stringent sentencing requirements mandated by Penal Code Section 1203.097—retaining a knowledgeable defense attorney is paramount. The team at Kraut Law Group Criminal & DUI Lawyers is led by Michael Kraut, a former Deputy District Attorney with more than 14 years of prosecutorial experience. This background provides a distinct advantage: understanding exactly how prosecutors build domestic violence cases, what type of evidence they rely on, and how to effectively challenge it.

How Kraut Law Group Criminal & DUI Lawyers Can Help

If you or someone you care about has been accused of domestic violence in Los Angeles or elsewhere in Southern California, we are prepared to:

• Investigate the Allegations. We thoroughly review all available evidence, including police reports, medical records, witness statements, and any communication between the parties (text messages, emails, and voicemail recordings). Where necessary, we work with private investigators and forensic experts to challenge the prosecution’s narrative.
• Negotiate with Prosecutors. Our firm’s extensive prosecutorial experience helps us negotiate effectively with the District Attorney. We can often secure favorable plea agreements, such as a reduction of charges, minimized jail time, or alternative sentencing.
• Argue for Reduced or Dismissed Charges. If the evidence is insufficient or the police violated your rights, we may be able to file motions to dismiss or suppress evidence. Our goal is to reach the best possible outcome, whether that’s dismissal, reduction of charges, or an acquittal at trial.
• Represent You in Court. If the case proceeds to trial, our trial experience stands as a strong asset. We are prepared to present defenses, cross-examine witnesses, and advocate zealously on your behalf.

Why Should You Hire a Criminal Defense Attorney for Domestic Violence Charges?

Domestic violence is taken extremely seriously by California courts, prosecutors, and law enforcement. If you are facing these charges, Penal Code Section 1203.097 comes into play whenever probation is granted, meaning the court will impose mandatory terms such as a lengthy probation period, a protective order, a 52-week batterer’s intervention program, and fines.

A conviction can have far-reaching impacts on your freedom, reputation, family relationships, and future. It is critical to fight these charges proactively from the very outset. An experienced criminal defense attorney can evaluate the particulars of your situation, develop a tailored defense strategy, and guide you through the often-challenging legal system.

Kraut Law Group Criminal & DUI Lawyers has a proven track record of defending clients against domestic violence allegations in Los Angeles and throughout California. Contact our offices for a free initial consultation. We are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028, and can be reached 24/7 at 888-334-6344 or 323-464-6453. Let us help protect your rights, your family, and your future.