People v. Imel CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People filed a complaint on November 18, 2021, charging defendant with inflicting corporal injury on his girlfriend (Pen. Code, § 273.5, subd. (a); statutory section citations that follow are to the Penal Code) and criminal threats (§ 422). In the infliction of corporal injury count, the People further alleged defendant had a prior conviction (§ 273.5, subd. (f)). On the same day, the trial court issued a prejudgment protective order pursuant to section 136.2. In the protective order, the trial court checked the “no-contact” and “stay- away” provisions in items 12, 13, and 14, prohibiting defendant from making any contact with the victim or coming within 100 yards of her. Item 16, which allows peaceful contact pursuant to family court orders as an exception to the “no-contact” and “stay- away” requirements, was left unchecked. The order stated it takes precedence over any conflicting family court orders, and “[u]nless box a or b in item 16 . . . is checked, contact between [defendant] and [the victim] permitted by a Family . . . court order for child custody or visitation must not conflict with the provisions of this order.” The…