People v. Rodriguez CA2/6

DISCUSSION

Section 273.5, subdivision (j), authorizes the issuance of a restraining order, for up to 10 years, to protect victims of domestic violence.3 (People v. Delarosarauda (2014) 227 Cal.App.4th 205, 212-213.) Appellant contends the trial court abused its discretion by imposing the 10-year protective order as to Jessica because it did not adequately consider the seriousness of the facts, the probability of future violations and the need for her safety. He further contends the court erred by imposing the order as to the other victims because, unlike Jessica, they do not fall within the categories of victims protected by the statute. (See § 273.5, subd. (b); Delarosarauda, at p. 213 [noting section 273.5 applies "to certain victims (spouses, cohabitants, fiancees, and parent of the offender's child)"].) He asks us to strike the protective order and otherwise affirm. The parties' plea agreement had two specific sentencing requirements: a 17-year prison term and a 10-year protective order as to all victims. The People contend that because the protective order is a material term of the plea agreement, appellant is estopped from challenging it. We agree. When the…