People v. Duran CA3

BACKGROUND

Defendant is the father of Mary Dominguez’s five children. They have known each other since they were teenagers, and have been in an on-and-off relationship for 15 years. In March 2013 a restraining order was in place, prohibiting defendant from going to Dominguez’s apartment. Defendant violated the restraining order, and while at

1 Dominguez’s apartment, defendant pushed over her mother, Nellie Ramirez. Ramirez fell, hit her head on the ground, and sustained a serious head injury. Defendant pleaded no contest to assault (Pen. Code, § 245, subd. (a)(4)),1 admitted a great bodily injury enhancement (§ 12022.7, subd. (e)), and admitted he violated an existing restraining order (§ 273.6). The trial court suspended imposition of sentence and placed defendant on probation. The trial court also ordered defendant to stay 100 yards away from, and have no contact with, Ramirez and to stay away from her residence, vehicle, and place of employment. Among the terms and conditions of probation, defendant was also ordered to obey all laws and court orders, including the restraining order. On February 5, 2014, the People filed an order to show cause as to why probation should not be…