In addition to straining relationships and ruining reputations, domestic violence convictions come with criminal penalties. If you are convicted of a domestic violence crime, you may be placed on probation and ordered to comply with various terms and conditions. These may include fines, educational programs or a term in jail or prison. California Penal Code § 1203.97 sets forth the legal requirements regarding probationary terms in domestic violence cases. These terms are mandatory, meaning that the judge has very little choice about whether or not to give you these terms if you are convicted of domestic violence. If your attorney is able to effectuate a dismissal or a plea-bargain settlement to a non-domestic violence charge, these obligations can be reduced or avoided.

Make sure that if you are given certain probation terms, you follow them to the letter. Any deviation from the probation terms could result in jail or prison time.

Probationary period. A minimum probation period for someone convicted of a crime against an intimate partner is three years. This probation period may be summary (or “informal”) probation, if appropriate. Summary probation means there is no probation officer to report to; formal probation requires periodic visits with a probation officer.

Jail or Prison. If you are convicted of a domestic violence offense, you may be placed on probation and sentenced to up to one year in county jail, or given a sentence that exceeds one year. (Sentences that exceed one year are only given in felony cases.) If your sentence is longer than one year, you will be sent to state prison. Following release from state prison, you will be placed on parole, and you will be under the supervision of a parole officer.

Batterer Programs. The state of California requires that you must participate in a batterer intervention program if you are convicted of domestic violence and granted probation. These batterer classes typically run once a week for one year.

Your attendance at these classes is monitored closely. If you miss more than a few classes, the court will be notified. These absences could result in a revocation of probation, and you may face a prison sentence.

Court orders. During your probation, you may have to abide by certain court orders such as “stay away” orders. These orders could mandate that you stay away from the residence of your intimate partner. This may mean that you will have to move out of this residence. The order could also require that you stay away from your children.

Payment to the state. After conviction, you may have to pay hundreds of dollars to the state to reimburse the cost of restraining orders and to fund programs that educate people about domestic violence.

Community service. Community service is generally not hard physical labor, and it is particularly desirable for someone with injuries or other limitations. Typically, you will be able to choose, with some limitations, a program that you prefer.

Restitution to Your Partner. If you are convicted of a domestic violence crime, you can be ordered to make restitution payments to your intimate partner for expenses directly resulting from the offense.

Payments to a battered women’s shelter. You may be required to pay up to $5,000 to a battered women’s shelter.

Counseling and/or rehabilitation programs. The court may require you to go to a rehabilitation program or a counseling program. These programs must be approved by the court.

Please keep in mind that the best way to avoid these conditions is to hire an attorney and attempt to avoid conviction. Just because you have been charged with a crime does not mean you are guilty. A skilled defense attorney will use his or her experience and investigative skills to reduce your charges and avoid these probation terms.