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Can I Get Probation for Domestic Violence?

By San Diego Attorney on August 4, 2021

Rather than incarceration, you may have probation as the penalty for a domestic violence offense.

The term of probation may be up to three years under the CA Penal Code, Section 1203.097, which imposes a set of consequences on the convicted person, including:

• A protective order that protects the alleged victim from any act of violence, threats, stalking, sexual abuse, harassment, and stay-away orders regarding returning to your home.
• The requirement to pay $500 for court fees or disbursement to the Domestic Violence Restraining Order Reimbursement fund and the Domestic Violence Training and Education Fund.
• The legal requirement to complete a “batterer’s program” for a period of not less than one year, with regular reports submitted to the court. Attendance is mandated to be weekly for no less than two hours. The entire program must be completed within 18 months.
• Community service as designated by the court.
• Payments up to $5,000 to be made to a battered women’s shelter.

Domestic Violence Penalties in San Diego County

The penalties imposed by the court in a case involving domestic violence can be life-altering. The punishment imposed by the court will be based on a set of factors in the case:

• A prior criminal record regarding domestic violence.
• Whether any children were present or victims of an assault of any type.
• Whether the alleged victim suffered a serious injury.

Prison or Probation?

Under the Penal Code Chapter 2, section 273.5, the law states that any person who willfully inflicts bodily injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, fiancé, or a person with whom you had a dating relationship, or who is the mother or father of a shared child, will likely be facing a felony domestic violence charge with incarceration for up to four years, and up to $6,000 in fines.

Prior Convictions

The penalties imposed may be imprisonment for two, three, or four years, fines as high as $10,000, or both for those with a prior conviction for a domestic violence offense within seven years, and prison time for up to five years.

Prior Convictions for Domestic Violence and Probation

If the accused individual has two prior convictions within seven years, when probation is achieved, a minimum jail term of 60 days is required by law, with some exceptions.

Probation – Is it Possible?

Probation is possible, but to achieve this outcome will require the assistance of an attorney who can take on the legal challenges with professionalism and skill. When you are protected by a San Diego defense attorney who is deeply familiar with state law, the options, and is a talented negotiator, you improve your chances of avoiding jail or prison time and reducing the fines you are required to pay.

Types of Probation – Summary and Supervised

Probation is a more favorable outcome in a case of domestic violence, as the convicted person can avoid jail or prison time if all requirements are followed. The type of probation imposed may be “summary” or “supervised.” Summary probation is imposed when the court believes the individual is not likely to re-offend. This type of probation may be ordered for up to five years but does not involve strict supervision from a probation officer.

Supervised probation is typically imposed in felony domestic violence cases. Although the convicted person will not be in prison for years, they will be required to report to their probation officer as scheduled, submit to random drug testing, and pay restitution to the victim. This form of probation often involves travel restrictions and court approval to move or leave town.

Contact jD Law Criminal Defense Attorneys at (760) 630-2000 immediately if you have been charged with a domestic violence offense in San Diego County.