Domestic Violence Restitution in Los Angeles

Domestic violence cases in Los Angeles often carry significant legal consequences beyond fines, jail time, or community service. One area that has become increasingly important is victim restitution. Restitution ensures that individuals who suffer tangible financial losses as a result of domestic violence are made whole, or at least as whole as possible, through the criminal justice process. This compensation can include everything from medical bills to relocation expenses. In California, restitution in domestic violence cases is both legally required and strictly enforced. 

The following information details how the restitution process works, what the law requires under California Penal Code Section 1203.097 PC, how a restitution hearing proceeds, the role of jury instructions in domestic violence cases, and how restitution ties into sentencing and probation. Presented by Kraut Law Group Criminal & DUI Lawyers, this resource aims to clarify how restitution fits within domestic violence prosecutions and what defendants and victims can expect at each stage.

Understanding Domestic Violence and Its Consequences

Domestic violence is defined under various California statutes, including Penal Code §§ 13700 and 243(e)(1). In a domestic violence prosecution, the government seeks to hold an individual accountable for acts of abuse or threats of abuse against an intimate partner, cohabitant, former cohabitant, the parent of the individual's child, fiancé(e), or other person closely related by relationship. Domestic violence can be classified as a misdemeanor or a felony, depending on factors such as the severity of the harm inflicted and the defendant's criminal history.

When someone is convicted of a domestic violence offense in Los Angeles County, the judge will typically impose probationary terms, fines, mandatory counseling (often a 52-week batterer intervention program), and, in many cases, victim restitution. California law makes victim restitution a key part of the sentence for nearly all crimes resulting in financial harm to the victim, and domestic violence is no exception.

What the Law Requires: California Penal Code Section 1203.097 PC

California Penal Code Section 1203.097 PC is a cornerstone of domestic violence sentencing requirements. When someone is placed on probation for a crime involving domestic violence, the court must impose certain mandatory conditions. These conditions include:

• A minimum probation period of three years (for misdemeanors, probation can extend up to five years; for felonies, it can be longer).
• A criminal protective order or restraining order is issued if deemed necessary to protect the victim. – Participation in a 52-week batterer intervention program.
• A mandatory fee, often called a “domestic violence fee,” which can be up to $500 and goes toward domestic violence programs.
• Payment of restitution to the victim for any economic losses resulting from the abuse.

Thus, when a defendant is convicted of domestic violence, restitution is not merely a suggestion—it is a mandatory requirement if the victim has sustained economic losses. The court retains jurisdiction during the probationary period (and sometimes beyond) to determine, collect, and enforce restitution.

Distinguishing Victim Restitution From Other Fines and Fees

It is important to differentiate victim restitution from other types of financial penalties that may be imposed in domestic violence cases:

• Restitution Fine (Penal Code § 1202.4): This is a general fine that goes into a state restitution fund. For misdemeanors, it is typically between $150 and $1,000. For felonies, it can range from $300 to $10,000. This fine is distinct from direct victim restitution.
• Domestic Violence Fee (Penal Code § 1203.097): This fee can be up to $500 and supports domestic violence programs. It is separate from both the restitution fine under § 1202.4 and direct victim restitution.
• Victim Restitution: This is payment made directly to the victim to cover economic losses, such as medical bills, counseling, property damage, or lost wages.

All three can be imposed in a single domestic violence case. However, from a defendant's perspective, victim restitution is particularly significant because it directly addresses the victim's financial harm and remains enforceable even if other fines or fees go unpaid or are waived.

Role of the California Victim Compensation Board

The California Victim Compensation Board (CalVCB) is an entity that provides financial assistance to victims of certain violent crimes, including domestic violence, child abuse, elder abuse, and more. Some of the expenses covered by CalVCB include:

• Medical bills.
• Mental health counseling.
• Income loss due to injuries or court participation.
• Funeral and burial expenses (in cases of homicide).
• Relocation and home security expenses.

CalVCB is funded in part by penalty assessments attached to criminal convictions throughout California. However, the Board's involvement does not absolve a defendant from paying direct victim restitution. If CalVCB pays out to a victim, the defendant can still be ordered to reimburse the Board for the funds provided. The victim, in other words, does not “double-dip,” but the defendant is still liable for the total amount paid on the victim's behalf.

Types of Restitution in Domestic Violence Cases

In domestic violence cases, the harm inflicted on the victim can take many forms, including physical injuries, emotional distress, and property damage. From a legal standpoint, restitution is specifically focused on the economic losses the victim suffers as a result of the abuse. Common categories of restitution include:

• Medical Expenses: Costs for emergency room visits, ambulance fees, hospital stays, surgeries, medication, or physical therapy.
• Counseling or Therapy: Mental health services, including counseling or therapy sessions, specifically related to the domestic abuse incident.
• Lossbof Income: Wages lost due to injury, court appearances, or ongoing threats that prevent the victim from returning to work.
• Property Damage: Repair or replacement costs for items damaged or destroyed during an altercation, such as a door, mobile phone, or vehicle.
• Relocation Costs: Moving expenses, security deposits, or other costs needed to relocate the victim away from the abuser for safety.
• Home Security Enhancements: Installation of security systems, new locks, or other safety-related improvements if a threat persists.

Requesting and Documenting a Claim for Restitution

A victim typically requests restitution by submitting documentation of their losses to the prosecutor or to the court's victim advocate, who will then present the claim during a restitution hearing or at sentencing. Documentation is critical. Medical bills, repair invoices, pay stubs, and receipts for therapy or relocation costs help establish the economic impact.

It is crucial for both the prosecution and the defense to carefully review the restitution claim. The victim has the burden of showing a causal connection between the abuse and the losses. While the standard of proof in a criminal trial is “beyond a reasonable doubt,” the standard at a restitution hearing is often lower, akin to a “preponderance of the evidence” standard.

The Restitution Hearing

If the defendant disputes the amount of restitution requested—or disputes that certain expenses are related to the incident—the court will hold a restitution hearing. During the hearing:

• Victim Testimony: The victim testifies about the nature and extent of the losses. This may include detailed explanations of injuries, property damage, or other financial hardships.
• Presentation of Evidence: Both sides can present documentation supporting or refuting the claimed expenses. For instance, the defense might argue that certain expenses existed prior to the incident or were not causally related.
• Defense Cross-Examination: The defense has an opportunity to question the victim and challenge the necessity or cost of particular items.
• Court's Determination: Based on the evidence, the judge decides which expenses are justified and calculates an appropriate restitution amount. This determination is final unless challenged through legal appeals or further hearings.

Jury Instructions in Domestic Violence Cases and Their Relevance to Restitution

In many domestic violence trials, jurors will receive specific jury instructions detailing the elements of the charged offense and any special findings they may be required to make. These instructions are typically based on the California Criminal Jury Instructions (CALCRIM). For instance, CALCRIM No. 840 addresses felony domestic violence (Penal Code § 273.5), and CALCRIM No. 841 covers the misdemeanor form of domestic battery (Penal Code § 243(e)(1)).

While the jury instructions themselves do not determine restitution, a finding of guilt under a specific section of the Penal Code triggers the mandatory sentencing provisions under Penal Code § 1203.097, including restitution. Therefore, understanding how the jury will be instructed can help defense counsel anticipate a likely conviction scenario and begin preparing for a potential restitution phase, whether through negotiation or a formal hearing.

Sentencing and Probation in Domestic Violence Cases

Once a defendant is convicted—whether by plea or after trial—the court will hold a sentencing hearing. In Los Angeles, domestic violence cases can result in either misdemeanor or felony sentencing, depending on the severity of the injuries and the defendant's criminal history. Sentences may include:

• Incarceration: Up to one year in county jail for a misdemeanor. Felony convictions can result in more extended periods in state prison.
• Formal Probation: Mandatory supervision by the court for a set number of years. Domestic violence probation typically lasts a minimum of three years.
• Batterer Intervention Program: A 52-week program mandated by law for domestic violence offenders on probation.
• Protective Order: The judge may issue a criminal protective order to limit or prohibit contact between the defendant and the victim.
• Fines and Fees: The court imposes various fines, fees, and assessments based on the statutory guidelines.
• Victim Restitution: An integral part of sentencing, ensuring that the victim is compensated for documented out-of-pocket expenses caused by the abuse.

During probation, a defendant must comply with all court-ordered conditions. Failure to make required restitution payments can lead to a probation violation if the court finds the non-payment willful. When the defendant truly cannot afford restitution—because of unemployment, medical issues, or limited financial resources—the court may set lower monthly installments. However, a deliberate refusal to pay can result in probation revocation and further penalties, which may include jail time.

Enforcement of Restitution and Civil Judgments

Although the court may consider a defendant's financial situation when setting the pace of restitution payments, the obligation to pay cannot simply be avoided. California courts take victim restitution seriously and will enforce these orders in a variety of ways. If probation ends without the defendant having fully paid off restitution, the unpaid amount can be converted into a civil judgment. A civil judgment can negatively impact a defendant's credit rating and make it difficult to purchase property or secure loans. The judgment may also allow the victim or the state to pursue wage garnishment or liens.

Even bankruptcy will not typically discharge criminal restitution obligations. This underscores the fact that restitution remains one of the most robust and enduring financial obligations arising out of a criminal case.

Why it Is Critical to Work With Skilled Counsel

Domestic violence charges in Los Angeles carry multiple layers of penalties, from possible incarceration to mandatory programs and hefty financial obligations. A skilled defense attorney can negotiate how and when restitution is paid—or even challenge the need for certain payments if the victim's claimed expenses are not directly related to the criminal conduct. It is crucial for defendants to understand both the immediate and long-term implications of restitution orders. Prompt legal guidance ensures that the accused's rights are protected during both the criminal proceedings and any related restitution hearings.

Equally important, an attorney can advise on strategies for mitigating financial burdens, such as exploring whether insurance may cover certain losses or negotiating a payment plan that aligns with the defendant's financial situation. Failing to address restitution issues early can lead to more severe consequences, including extended probation, civil judgments, and additional legal fees.

Contact Kraut Law Group Criminal & DUI Lawyers

If you or a loved one is facing domestic violence charges in Los Angeles or if you have questions about the restitution process, it is essential to seek professional legal advice. Kraut Law Group Criminal & DUI Lawyers, led by former Deputy District Attorney Michael Kraut, has extensive experience handling domestic violence cases in Los Angeles County. With over 14 years of prosecutorial experience, Mr. Kraut brings a unique perspective to the defense and strives to secure the best possible outcome for every client.

You do not have to navigate the complexities of California's domestic violence laws and restitution requirements alone. A dedicated defense strategy can make a profound difference in whether you face excessive financial burdens, extended supervision, or additional penalties. To schedule a free consultation with Michael Kraut, contact Kraut Law Group Criminal & DUI Lawyers at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (888) 334-6344 or (323) 464-6453.

By thoroughly understanding how victim restitution is calculated and enforced in California domestic violence cases—and by partnering with a reputable defense attorney who can guide you through every step of the legal process—you stand the best chance of resolving your case in a fair and manageable way. Kraut Law Group Criminal & DUI Lawyers is here to answer your questions, defend your rights, and help you chart a course toward a brighter future.