Skip to content
Name: People v. Fuentes
Case #: A162315
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/30/2023

Pretrial release and protective order conditions to only have “peaceful contact” with the victim and prohibition from “disturbing the peace” were not unconstitutionally vague given the domestic violence context. Defendant pleaded guilty to willful infliction of corporal injury and the plea agreement included a Cruz waiver that applied if he violated any laws or conditions of his release. He was released on “enhanced supervision” pending sentencing with a peaceful-contact condition. A criminal protective order permitted defendant to have “only peaceful contact” with the victim and provided that he may not, among other things, “disturb the peace . . . of…

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

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…

View Full Summary