Legal Question in Family Law in California
Modifying a Order to attend Batters Intervention Program
California Family Code 6343. I was ordered to attend a 52 week batterers program along with a 3 year restraining order. There were no prior incidents, police reports or allegations of physical abuse. The counsler who runs my class told me off the record''you don't belong here''. She won't write a letter to the courts as ''I would lose my job'', were her words. What is my best approach to get this modified. Request for a different judge? Please advise? Lastly, this did not affect our custody arrangement. On the filed document, it states ''you may be cited for contempt etc. How exactly is ''may''intreperted? I see it as not very definitive. What could the court do if I just stopped going to the classes mandated? Alot of questions, hope somone can answer. Thanks, Seth
2 Answers from Attorneys
Re: Modifying a Order to attend Batters Intervention Program
Well, you may get fined or jailed if you violate the court order, which is to attend the class. It is interesting that the counselor told you that you dont belong in the class. I would agree that you have an uphill battle, but you may want to consider contacting a family law attorney to look into your case to see if a motion to reconsider might be effective.
Feel Free to contact me if you would like to pursue this matter.
Good Luck!
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Re: Modifying a Order to attend Batters Intervention Program
If there was already a hearing, and it sounds like there was, the only way to change the results is to appeal or do a motion for reconsideration. Not an easy thing to do, nor likely to be successful.
You can't get a different judge unless you can prove grounds for recusal, such as bias or conflict of interest.
Best thing to do is complete the program. Yes, you "may" be cited for contempt. Each contempt violation carries a possible 5 days in jail and a fine.
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