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  1. #1
    Join Date
    Jul 2013
    Location
    orange county, california
    Posts
    6

    Default Committing Domestic Violence, Second Offense

    My question involves criminal law for the state of: California

    my now ex girlfriend attacked me with our son in my arms, and was originally charged with domestic violence, child endangerment, and false imprisonment. due to it being her first offense, she was given a plea bargain and plead guilty to battery, and was placed on informal probation and i was given a 'peaceful protection order" which allowed her to come home but she was not to engage in any violent or abusive behavior. 2 weeks later she violated the order and her probation by attacking me a second time(again in front of our child). the DA has yet to file charges, so i don't know what her charges are at this time. but she basically committed assault, battery, violation of court order, and violation of probation. i had no serious injuries as a result of either attack.

    what are the possible charges she will face, and what could be the possible outcome of her court case?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Seccond Offense

    If she violated the terms of her previous probation, then the previous offense can be resurrected and she might also face new charges for the new incident.

    The final outcome can be anything from no charges filed and the probation violation dropped, to more probation and new charges pursued with the ultimate result of county jail or state prison time. (Doubtful on prison.)

    It is very likely that the new CPO will be a no contact order such that she will no longer be permitted contact with you or the child until she has completed counseling and at least some term of her sentence/probation without incident - and even then, it is likely that any visitation with the child would be supervised. But, since I don't know all the facts, I could be off a tad on my prediction.

  3. #3
    Join Date
    Jul 2013
    Location
    orange county, california
    Posts
    6

    Default Re: Seccond Offense

    Quote Quoting cdwjava
    View Post
    If she violated the terms of her previous probation, then the previous offense can be resurrected and she might also face new charges for the new incident.

    The final outcome can be anything from no charges filed and the probation violation dropped, to more probation and new charges pursued with the ultimate result of county jail or state prison time. (Doubtful on prison.)

    It is very likely that the new CPO will be a no contact order such that she will no longer be permitted contact with you or the child until she has completed counseling and at least some term of her sentence/probation without incident - and even then, it is likely that any visitation with the child would be supervised. But, since I don't know all the facts, I could be off a tad on my prediction.
    if it helps, the second incident was her throwing rocks at me while i was pushing our son in his stroller, and continuing to taunt/yell at me and trying to yank his stroller out of my hands. i have an audio recording of the entire incident which the prosecutor might use as evidence(the CPO gave me the right to record any violent or abusive interactions and it took place on a public street where there was absolutely no reasonable expectation of privacy).

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Seccond Offense

    Again, no way to say what WILL happen, though it seems likely that jail time is in her future.

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