Under California law, spousal abuse, or infliction of injury, is classified as a crime of domestic violence applicable to intimate partners. The legal definition of intimate partners includes heterosexuals and homosexuals who are married, divorced, living together or formerly living together, or who have children together. Regardless of how minor, any injury inflicted upon an intimate partner can result in felony charges punishable by up to four years in prison and a fine of up to $6,000 for a defendant who has no prior record of domestic abuse. A person with a prior domestic abuse conviction faces even harsher punishment.

Any domestic violence conviction in California that includes probation will require an offender to complete certain conditions. Securing competent legal counsel from the Kavinoky Law Firm is important to understand these conditions and make compliance less overwhelming, as the attorney can assist in the probationary process.

A conviction for infliction of injury will entail a minimum of 3 years probation that may be formal or informal. Formal probation involves reporting directly to a probation officer every month and following any directions given and informal, or “summary probation” involves completing all terms of probation and not violating any other laws. In addition, a criminal court protective order will be issued against the defendant to protect the alleged victim from further acts of violence. Depending on the circumstances surrounding the alleged abuse, the order will contain a residence exclusion or list stay-away conditions. The alleged victim will receive notification as to the outcome of the case. Within one week of sentencing, the accused must be booked which includes being fingerprinted, entered into a criminal database and photographed.

In addition to the requirements of probation, the defendant must pay at least $200 to various domestic abuse funds distributed by the state. Weekly attendance of a “batterer’s class” is mandatory for at least one year. The court may also order the defendant to enroll in a drug and/or alcohol dependency program if alcohol or drug use coincided with the domestic abuse incident. Some form of community service is usually mandated as well.

Another required fee (in addition to the domestic abuse funds mentioned above) is a payment of up to $5,000 to a battered women’s shelter. The court may also order the defendant to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

The court considers the defendant’s financial situation when making the determination of fees mandated. The defendant’s willingness to comply with probationary requirements will also be considered. With good cause, the court may modify certain requirements at its discretion, and can extend or revoke the probation. If probation is revoked, the maximum prison sentence will likely be imposed. Employing a top-notch criminal defense lawyer is critical to ensuring that probationary requirements are kept to a minimum.

The attorneys at the Kavinoky Law Firm treat all clients with dignity and respect. They help each client with any issues that arise during this difficult process. To learn more about infliction of injury conviction penalties or to speak with an attorney about another legal matter, contact the firm today.