Domestic Violence Probation Attorney in Los Angeles

Domestic violence charges are taken very seriously in Los Angeles. When a defendant is convicted of a domestic violence offense, one of the most significant considerations is whether that individual will be placed on probation or required to serve time in jail or prison. Domestic violence probation in Los Angeles, governed by California’s domestic violence laws and related Penal Code sections, comes with specific conditions and requirements. Anyone facing these charges should understand how probation works, what terms and conditions may apply, and how violations of probation can lead to serious consequences. 

This page outlines the essentials of domestic violence probation in Los Angeles, including the relevant Penal Code sections, standard jury instructions, and key sentencing considerations. It is designed to help individuals and their families make informed decisions about their legal rights and obligations. At Kraut Law Group Criminal & DUI Lawyers, our domestic violence attorneys are committed to providing knowledgeable, aggressive defense to help clients navigate these challenging situations.

What Are the California Laws On Domestic Violence?

California law has numerous Penal Code sections that address domestic violence, but two of the most commonly charged offenses are Penal Code § 273.5 (inflicting corporal injury on a spouse or cohabitant) and Penal Code § 243(e)(1) (domestic battery). Depending on the circumstances, these offenses can be charged as misdemeanors or felonies. The severity of the charge usually depends on factors such as the nature of the injuries, the defendant’s prior criminal history, and whether a dangerous or deadly weapon was used.

When an individual is convicted of a domestic violence offense, the court decides whether to place the defendant on probation or to deny probation altogether. If probation is denied, the defendant may be required to serve a term in county jail (for a misdemeanor) or in state prison (for a felony). If probation is granted, the court imposes various terms and conditions designed to prevent future violence, protect the victim, and ensure that the defendant receives counseling or other rehabilitative services.

Domestic Violence Jury Instructions

If a case goes to trial, the jury receives detailed legal guidelines to help them determine whether the prosecution has proven each element of the charged offense beyond a reasonable doubt. The California jury instructions for domestic violence cases are found in the CALCRIM series. For instance:

• CALCRIM 840 covers the elements of inflicting corporal injury under Penal Code § 273.5, explaining that the prosecution must prove the defendant willfully inflicted a physical injury on a current or former spouse, cohabitant, or the parent of the defendant’s child and that the injury resulted in a traumatic condition.
• CALCRIM 841 applies to battery on a spouse, cohabitant, or fellow parent under Penal Code § 243(e)(1). It clarifies what constitutes a battery, emphasizing that even a slight touch can qualify if it is done in an offensive or harmful manner.
• CALCRIM 852 addresses the consideration of prior acts of domestic violence. Under certain circumstances, the jury can consider past domestic violence incidents to show the defendant’s propensity to commit such acts, although strict legal standards must be followed to ensure the defendant’s right to a fair trial.

These instructions guide jurors on what they must find to convict, but also underscore that the defendant is presumed innocent unless and until the prosecution meets its burden of proof.

Domestic Violence Sentencing and Probation

Once a defendant is convicted, the sentencing court looks at several factors to determine whether to grant probation or impose a term of incarceration. When probation is granted, it may be either summary (informal) probation or supervised (formal) probation, depending on whether the defendant was convicted of a misdemeanor or a felony.

What Are the Conditions of a Misdemeanor Domestic Violence Probation?

For misdemeanor domestic violence convictions, courts typically place a defendant on summary probation for a period of three to five years. This type of probation does not require the defendant to check in regularly with a probation officer. Instead, the defendant must return to court on designated dates to show proof of compliance with specific probation terms. These terms could include:

• Completing a 52-week batterers intervention program.
• Performing community service or community labor.
• Paying court fines, fees, and restitution.
• Spending a certain number of days in county jail (either straight time or work release).
• Obeying a protective order, and surrendering any firearms.

If the defendant completes all of the conditions and has no probation violations, he or she may be able to have the misdemeanor conviction reduced or dismissed in some circumstances. However, if the defendant fails to comply, the court can issue a bench warrant, revoke probation, and impose additional penalties.

What Are the Conditions of Felony Domestic Violence Probation?

When a defendant is convicted of a felony domestic violence offense, he or she is more likely to be placed on supervised probation, also known as formal probation. This level of probation involves reporting to a county probation officer at regular intervals. In addition to checking in, the defendant may be required to:

• Undergo random drug testing.
• Attend mandatory counseling, including a 52-week domestic violence batterers program.
• Pay higher fines and restitution.
• Refrain from contacting the victim or from returning to the site of the incident, subject to a protective order.
• Complete mandatory community labor or community service hours

Supervised probation can last up to five years, though in some cases, it may be shorter. If at any point the probation officer believes the defendant is not complying with the terms, the officer can request a court hearing, and the judge may revoke probation or add stricter conditions.

Protective Orders as a Condition of Probation

One of the most common and impactful conditions of domestic violence probation is the issuance of a criminal protective order. These orders can be broad, forbidding any contact whatsoever, or more limited, allowing peaceful contact for purposes of childcare or other necessary interactions. Violation of a protective order is both a probation violation and a separate criminal offense that can be charged under Penal Code § 166 or § 273.6, depending on the circumstances.

Sometimes, the protected individual may want to lift or modify the protective order to allow contact. Courts can modify protective orders to a lower “Level One” designation that permits peaceful contact. However, the judge will consider various factors, such as the defendant’s behavior, the victim’s safety concerns, and the recommendations of the probation department or prosecuting agency before granting any modifications.

Mandatory Batterers’ Program

Most individuals convicted of a domestic violence offense in California must complete a year-long, 52-week batterers intervention program as a standard condition of probation. This program typically meets once a week, and participants learn about anger management, relationship skills, and the consequences of domestic abuse. The court closely monitors attendance, and missing sessions can lead to a violation of probation. These programs are designed to reduce recidivism by helping offenders recognize and correct the behaviors that led to the domestic violence incident.

Firearm Prohibitions

Under both state and federal law, anyone convicted of a domestic violence offense generally loses the right to own or possess firearms for a specified period or even permanently, depending on the charge and other factors. As a probation condition, the defendant must usually surrender any firearms and is prohibited from purchasing or possessing additional firearms during the probation period. Violating this prohibition can result in new criminal charges and may lead to a revocation of probation.

What Happens if You Violate Domestic Violence Probation?

If a defendant fails to complete any court-ordered requirement—such as missing batterers program sessions, not completing community service, or violating a protective order—or if the defendant is arrested for a new offense, the court may issue a probation violation and a bench warrant for the defendant’s arrest. Once arrested, the defendant is entitled to a hearing to determine whether a violation occurred. This proceeding is held before a judge rather than a jury, and the standard of proof is typically lower than “beyond a reasonable doubt.” If the judge finds that a violation occurred, the consequences may include:

• Revocation of probation and imposition of a jail or prison sentence
• Extension of the probation period
• Additional conditions, such as more community labor or mandatory counseling
• Higher fines or further restitution requirements

Because the stakes are high, it is crucial to have an experienced attorney present evidence and arguments to minimize or avoid these penalties at the probation violation hearing.

Sentencing Considerations for Domestic Violence Offenses

Courts have significant discretion when it comes to sentencing for domestic violence. Even within statutory guidelines, judges often look at the overall severity of the offense, the extent of the injuries, the defendant’s criminal history, and the wishes of the victim. In some cases, a first-time offender might receive a relatively lenient sentence with probation and a minimal amount of jail time, especially if there was no significant injury or weapon involved. In more serious or repeat-offender situations, probation might not be offered, and the defendant could face years in state prison.

Aggravating factors that can influence a harsher sentence include the use of a firearm, a prior pattern of abuse, serious bodily injury to the victim, or violations of existing protective orders. Conversely, a strong showing of remorse, efforts at rehabilitation, and the absence of a criminal record may weigh in favor of probation.

Navigating Domestic Violence Charges With Skilled Legal Assistance

If you or someone you know is facing domestic violence charges or is already on probation for a domestic violence offense, it is essential to consult with an experienced criminal defense attorney. Strategic legal representation can make the difference between jail time and a favorable probationary sentence. An attorney can negotiate with prosecutors before charges are formally filed, work to reduce charges or secure alternative sentencing, and advocate for more lenient probationary terms.

At Kraut Law Group Criminal & DUI Lawyers, we understand how devastating a domestic violence conviction can be. Our goal is to minimize the collateral consequences—such as loss of firearm rights, employment issues, and immigration complications—while also protecting your freedom and reputation. With years of experience handling domestic violence cases from both sides of the courtroom, our team is well-positioned to mount a strong defense, present mitigating evidence, and effectively challenge any allegations of wrongdoing.

What Are the Benefits of Early Legal Intervention in Domestic Violence Cases?

Early intervention by a skilled attorney can sometimes prevent domestic violence charges from being filed in the first place. By talking to the prosecutor, presenting exculpatory evidence, and addressing any misunderstandings, your attorney can help ensure that the case is viewed in the most favorable light. Even if charges are ultimately filed, an experienced lawyer may negotiate for reduced charges or a diversion program, depending on the facts and the defendant’s background.

If probation is granted, legal counsel is vital to ensure compliance and to address any potential violations swiftly. This may involve obtaining documentation from the batterers program, advising on how to interact (or not interact) with the victim, and filing motions to modify or terminate protective orders when the circumstances allow.

Choosing Kraut Law Group Criminal & DUI Lawyers

Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who fights hard for his clients. Having prosecuted domestic violence cases, he understands how prosecutors build these cases and the pressures they face. His insights often prove critical in constructing a robust defense or negotiating favorable plea deals. If you or a loved one has been arrested for domestic violence, do not wait to seek legal help.

Contact Kraut Law Group Criminal & DUI Lawyers for a free consultation about your case. Our offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Michael Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453. We are here to provide confidential, compassionate counsel and to aggressively defend your rights and future.