What are the mandatory probation conditions under section 1203.097 of the California Criminal Code relating to domestic violence?

California, United States of America


The following excerpt is from People v. Doreck, H037594 (Cal. App. 2012):

Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party . . ." Thus, "section 1203.097 is directed at the protection of victims of domestic violence . . ." (People v. Selga (2008) 162 Cal.App.4th 113, 119 [invalidating stay-away order protecting boyfriend of victim, the defendant's ex-girlfriend and mother of his child, because boyfriend did not qualify under statute as person for whose protection order could issue].) And the mandatory probation conditions of section 1202.097 "appl[y] to any person placed on probation for a crime if the underlying facts of the case involve domestic violence, even if the statute defining the crime does not specifically refer to domestic violence." (People v. Cates (2009) 170 Cal.App.4th 545, 548 (Cates) [affirming probation conditions where underlying facts of aggravated assault conviction involved defendant's battery of his former girlfriend].)

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