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Name: People v. Caceres
Case #: B292031
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 09/12/2019
Summary

Protective order was properly issued against defendant who threatened former dating partner. The victim had been dating Caceres for seven years and they had a child together. One night Caceres appeared at the victim’s front door threatening to kill her and holding a knife. Caceres pleaded no contest to criminal threats. On appeal Caceres challenged the trial court’s issuance of a protective/stay-away order (Pen. Code, § 136.2, subd. (i)(1)), arguing his offense was not a crime of domestic violence. Held: Affirmed. In cases where a defendant has been convicted of a crime involving domestic violence as defined in Family Code section 6211 or Penal Code section 13700, the trial court may issue a protective order restraining the defendant from any contact with the victim (Pen. Code, § 136.2, subd. (i)(1)). Section 6211 defines “domestic violence” as “abuse perpetrated” against specified persons, including a person with whom the defendant had a dating relationship or with whom the defendant has a child. Under Penal Code section 13700, “abuse” includes placing a person in reasonable apprehension of imminent serious bodily injury. Threatening acts are among the behaviors that may be enjoined. Here the protective order was appropriate because defendant threatened to kill a person he had dated and with whom he had a child.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/revpub/B292031.PDF