Thanks for the response. I do have a public defender currently, but he is about as green as they come. We have filed a potion, but it's yet to be ruled on. I've been a yoyo in their system and my case is being shuffled around. Are there resources that you could recommend that I could tap, research, or read on the subject? Standard internet searching isn't yielding much, but not sure of the legal jargon to use as such.
Use whatever you have at your disposal, even a green bean, legal eagle.
Heck, the green bean is struggling to sprout, so what she/he lacks in experience is often made up by eagerness.
Most people will help those seeking to learn.
Ask your budding Clarence Darrow or Johnnie Cochran as many GOOD questions as she/he allows.
Write your questions down, stay on topic, you'll be surprised at what you'll learn.
That said, here's some informational material on point:
Self-Help - selfhelp
https://selfhelp.courts.ca.gov/DV-restraining-order
Domestic Violence | Superior Court of California - County of Yuba
A Batterers' Intervention Program ("BIP") is a set of 52 weekly domestic violence classes. Persons convicted of certain domestic violence offenses must complete this program as part of their terms of probation and sentencing.
California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner.
Two examples in California include:
Penal Code 243(e)(1) "domestic battery," and
Penal Code 273.5, "inflicting corporal injury on an intimate partner."
Most DV convictions result in probation (regardless of whether the offense was a misdemeanor or a felony). This means most people convicted of DV must take and complete DV classes.
DV classes are a combination of education and counseling and it specifically focuses on:
The causes of abusive behavior and family violence and intimate partner violence;
The effects of the use of violence and abusers have on a victim; and, Changes that must take place to prevent repeat domestic violence offenses and law enforcement domestic violence intervention.
Offenders in the program meet once a week for two hours. And, they must successfully complete a final evaluation to fully comply with the program's demands.
A defendant that fails to complete a BIP is technically in violation of his domestic violence probation. As a result, the party may face jail time and/or fines. This is true no matter if the offender was on misdemeanor probation or felony probation.
California Domestic Violence (DV) Classes – How It Works
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A domestic violence conviction in California results in a minimum sentence of three years of probation.1
As a condition of probation, an offender must complete a Batterers' Intervention Program. Also commonly called DV classes, this is a 52-week class whose members meet once a week for two hours at a counseling center. An offender must complete the court-ordered classes within 18 months of the order granting probation.
The goal of a certified batterer intervention program is to stop domestic violence.2 The program focuses on the following:
The causes of domestic abuse;
The effects physical abuse has on a victim; and,
Changes that must take place to prevent repeat DV offenses and promote nonviolence and victim safety.
A BIP is a combination of education, counseling, and anger management classes with mental health professionals to help prevent abusive relationships and foster healthy relationships by stopping violence against women and men.
Members are only allowed a maximum of three absences during the program. And, absences are only authorized if a member can show good cause. The court may require the defendant to show proof of enrollment.
An offender must pay for the program out of his own pocket. The overall cost, though, typically depends on the defendant's financial status.
2. In what cases are domestic violence treatment required?
For the most part, any DV offense will result in probation (regardless of whether the offense was a misdemeanor or a felony). This means if a person is guilty of DV, he must complete a BIP treatment program. And, he must do so as a condition of probation.
California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common DV crimes in California include:
Penal Code 243(e)(1) "domestic battery," and
Penal Code 273.5, "inflicting corporal injury on an intimate partner."
California Family Code 6211 FC provides a more detailed definition of domestic violence. According to this section, DV is abuse committed against any of the following persons:
A spouse or former spouse;
A person the defendant lives with or used to live with;
A person the defendant is dating or did date;
A person with whom the defendant has had a child with; and/or,
A person related to the defendant by kinship.3
If the victims of domestic violence are any of the above parties, then California law says that the offender must be placed on probation for a minimum of three years.4
And again, a BIP is a condition of every DV probation in California.
California Domestic Violence (DV) Classes – How It Works
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