Notification of Sentencing Hearing

If a presentence investigation is completed, the Probation Department will notify you of the sentencing hearing date and your right to appear and express your views to the Court. You also have the right to express your views in writing. You will receive this notice by mail.

The PO assigned to complete the report will attempt to contact you to ask about the nature and extent of your injuries and emotional distress. The PO will also be interested in your feelings about the batterer and the crime.

If you suffered a financial loss, you have the right to request that the batterer be ordered to pay those costs.

Probation Recommendations

The Probation Department makes recommendations to the Court about sentencing in cases referred for a report. These recommendations may include prison or jail time, programs to assist the batterer in taking responsibility for the violence, and restrictions of contact to protect you.

You have the right to:

• Know the PO's recommendations;
• Submit your own views and additional information to the Court to dispute the report;
• Express your views to the Court prior to the sentencing.

Sentencing Requirements

The law requires the following conditions as the minimum sentence for anyone convicted of a crime against their partner:

• Three years formal or court probation.
• A criminal protective order protecting you from further acts of violence, threats, stalking, sexual abuse, harassment, and residence exclusion or stay-away conditions.
• Notice to you of the disposition of the case.
• Completion of a certified batterers program.
• Restitution to you (payment of medical expenses, property damage or lost wages).
• Public service work, fines, and booking within one week of the sentence if the batterer has not already been booked into custody.

The purpose of these conditions is to provide protection for you and to hold the batterer accountable.

Jail Alternative Programs

The batterer may be ordered to serve a County Jail sentence. There are, however, a number of jail alternative programs available to inmates that allow them to live or work in the community while serving their jail sentence.

Court Probation

If the batterer is granted court probation, the court is responsible for monitoring the batterer's compliance with the court orders. For assistance in a court probation matter, you must contact the sentencing court.

Formal Probation

If the batterer is granted formal probation, a probation officer (PO) will be assigned to supervise the batterer.

The Probation Department supervises the batterer to provide protection for you and to enforce the court order. The Probation Department has a specialized supervision unit to handle more serious domestic violence cases. You are encouraged to speak directly with the PO assigned to supervise the batterer. You may call (408) 435-2000 for the PO's name and phone number.

Batterers Programs

The batterer will be required to attend a year-long batterers program as a condition of the sentence. Participation in this program does not guarantee that the batterer will not be violent or abusive again. The purpose of the program is to teach the batterer how to stop the violence, but only the batterer can choose to stop the abuse.

By law, victims are not allowed to participate in the program with the batterer. You have the right, however, to request and receive information about the program and the batterer's participation in the program.

Contact with the Batterer while on Probation

The Court may also make an order restricting the batterer's contact with you. Typically, there are three kinds of contact orders imposed:

• Do not harass, annoy, or strike the victim;
• No contact whatsoever;
• No contact without the approval of Probation.

Your safety is the primary concern. The PO will make the decision to restrict or otherwise place conditions on the contact the batterer is allowed to have with you. This decision will be based on risk, rather than your preference.

Other Probation Conditions

The batterer may also be required to participate in substance abuse counseling, submit to warrantless searches, submit to chemical testing, participate in parenting classes, and be prohibited form owning or possessing weapons. All persons convicted of a felony are prohibited from owning or possessing a firearm for life.

Service of Restraining Orders

If you decide to seek a civil restraining order in addition to whatever contact order the criminal court has made, you have the right to request that the PO serve a Restraining Order on the batterer.

You will need to provide the appropriate documents to the PO within the time frame required by the court to allow time for the PO to have the batterer report to the Probation Department.

Modifications while on Probation

You have the right to be informed of changes in the batterer's probation status, including a revocation of probation, the issuance of a bench warrant, or transfer to a lower level of supervision.

Violation of Probation

You have the right to report any violation of the court order to the PO. If the batterer fails to comply with the court order, he or she may be returned to court for Violation of Probation proceedings.

Sometimes, a hearing will be held and witnesses called. If you are called as a witness, you may request an advocate to accompany you to the hearing.

The judge, not a jury, will determine if the batterer is in violation of probation. Consequences for a violation of probation include more jail time or additional conditions of probation. In felony cases, the batterer may be sentenced to State Prison.

STATE PAROLE...

Upon release from State Prison, the batterer will be supervised by a State Parole Agent. The batterer's parole agent may be contacted to answer any concerns or questions regarding the batterer and parole. The typical parole term is three years, although the length of the term is determined by the offense(s) and the parolee's adjustment.