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Domestic Violence Protective Orders for Married Couples

December 18, 2017

Fred Thiagarajah

In People v. Sandoval (2017), the California Appellate court has issued a new ruling regarding criminal protective orders in domestic violence cases.  At sentencing on a domestic violence case where the defendant has been granted probation, the court can issue a no-contact protective order, pursuant to Penal Code section 1203.097, over the objection of the defendant and the victim.  However, in the Sandoval case,  since the defendant and victim were married, this order interfered with the defendant’s “reasonable expectations of free association and marital privacy”.  Therefore, the court must allow the order to be modified so that the victim can initiate contact with the defendant, but not vice-versa.  The same ruling was also articulated in a previous case, People v. Jungers (2005) 127 Cal.App.4th 698, 701-702).

This is a strong case for married domestic violence victims to initiate contact with their husbands (or wives) who have been convicted of domestic violence, and it may be possible to use this case to argue for contact while a domestic violence case is still pending when the court issues protective orders pursuant to Penal Code section 136.2.

If you have more questions about domestic violence or criminal protective orders, visit our website or call our toll free number (949) 265-7005 for a free consultation.


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