Prosecutors in San Diego County, CA who prosecute domestic violence cases often want the person accused of the crime to submit to a 52-week batterer’s program. In fact, Section 1203.097, subdivision (a)(6) requires “[s]uccessful completion of a batterer’s program” as a mandatory term of probation in a domestic violence case.
The statute provides:
“The defendant shall attend consecutive weekly sessions … and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.” (§ 1203.097, subd. (a)(6).)
The Penal Code lists specific mandatory components of the batterer’s program, its “goal [being] to stop domestic violence.” § 1203.097, subd. (c)(1)(A)–(P).
The statute provides, “An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee.” (§ 1203.097, subd. (c)(1)(P).)
Domestic Violence Attorney in San Diego, CA
Being charged with domestic, intimate partner violence, corporal injury, or battery is an uncompromising situation that with long-lasting effects, regardless of the prison sentence.
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with domestic violence, you need to contact him immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
Information Center for Batterer’s Program
- Probation Regulations
- Batterer’s Intervention Program Attendance Requirements
- Additional Resources
- Hire a Lawyer in San Diego County for Batterer’s Programs
Probation Regulations
Being on probation due to a domestic offense under Penal Code 1203.097 Section 6211 has many terms and regulations. Some of the following conditions within the probation requirements include the following:
- A minimum period of probation of 36 months
- A criminal court protective order (restraining order)
- Booking the defendant within one week of sentencing
- Having to pay a fee and any additional fines
- Successful completion of the Batterer’s program, in addition to any counseling program designated by the court
- Community Service – Depending on the case community service might be ordered, and this will also require evidence of completion
Batterer’s Intervention Program Attendance Requirements
In many cases, being convicted of domestic violence or sentenced to probation for a domestic violence-related offense, the defendant attends a Batterer’s program.
The program constitutes multiple courses meant to assist the defendant with educational resources to help them control their emotions, understand the cause of their anger, and improve relationships with loved ones.
The following are requirements to complete the Batterer’s program:
- Meeting once (1) a week for two (2) hours
- Must complete the program within 18 months of the court order
- Must enroll in the program within thirty (30) days of being convicted
- Must have consistent attendance
- Only three (3) absences are allowed
- The absences must be made up and be of the same program content as the missed sessions
- Attending a make-up session does not mean that the absences are erased, therefore, having a fourth absence will cause immediate termination of the program
- Excused absences must be approved (i.e., a request can be made of a leave of absence from participation in the program under certain circumstances)
- The defendant is responsible for the program fee – unless, upon findings by the court state that the defendant (person who is accused of the crime) is not financially able to pay the nominal fee, the court shall waive the fee
- The program has the authority to impose any conditions on participation in the program as long as it is in alignment with the requirements of the court or probation (e.g., abstinence from drugs, attending mental health treatment, or sexual abuse treatment)
The batter’s program is not cheap. Attending the program for a year can cost around $1,200 a year, in addition to anywhere from a $30 to $120 registration fee.
Additional Resources
Batterer’s Program in San Diego County, CA – Visit the Network of Care website to find a service directory. The service directory includes information proved by the San Diego County Human Services Agency on the Batterer’s Program managed by the Interface Children & Family Services. The structured 52-week group sessions in the batterer’s program in San Diego County, CA, are intended for the offenders of intimate or domestic violence. For men and women accused of abusing a spouse, the program is probation certified. Group sessions are available in cities throughout San Diego County. The program accepts those who are court-mandated to participate as a part of probation and those without a court mandate. Also, find information on the batterer’s intervention program provided by the Coalition for Family Harmony in Oxnard.
Court Ordered Batterers’ Anger Management – Learn more about the San Diego County Probation Agency (VCPA) and the requirements of successful completion of a Batterer’s program. The document also provides detailed information about the sentencing procedure of Domestic Violence cases in San Diego County. The procedure includes VCPA preparing a report for the court, this assists the judge in assessing the case and determining your sentencing.
Hire a Lawyer in San Diego County, CA for Domestic Violence Offenses
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with domestic violence, you need to contact him immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.