Marriage of Valdez CA4/2

BACKGROUND

The parties were married on August 26, 1979, and separated on August 3, 2011.

Virginia filed a petition for dissolution of marriage on September 8, 2011, and filed an

amended petition on November 22, 2011. On December 3, 2011, Virginia attempted to

cut off Cesar’s penis, resulting in criminal charges for one count of infliction of corporal

injury on a spouse (Pen. Code, § 273.5, subd. (a)) and one count of assault with a deadly

weapon other than a firearm or by means of force likely to result in great bodily injury

(Pen. Code, § 245, subd. (a)(1)). Both counts carried an enhancing allegation that

Virginia inflicted great bodily injury on her spouse under circumstances involving

domestic violence in the commission of a felony, within the meaning of Penal Code

section 12022.7, subdivision (e). A criminal protective order requiring Virginia to have

no contact with Cesar was issued on January 31, 2012.

On December 12, 2014, Virginia pled guilty to the assault charge and admitted the

domestic violence enhancing allegation. The corporal injury to a spouse charge was

dismissed. On January 23, 2015, she was placed on probation for 36 months.

As is customary in…