NEWPORT BEACH, Calif. — A judge agreed Tuesday to modify a protective order to allow limited contact after hearing from both sides, including a victim impact statement supporting the change, over the objection of the prosecution.
Judge Derek G. Johnson granted the request to modify the protective order sought by Deputy Public Defender Erin Christoff for the accused at the Newport Beach Harbor Justice Center. Deputy District Attorney Ben John Atienza opposed the proposed modification.
The criminal hearing presented the charges to the courtroom, stating that the accused was out of custody on a monitored pretrial release. The court listed two felonies allegedly committed on March 2 for inflicting harm on his partner.
Count one was for domestic violence, also listed with an enhancement for causing great bodily injury, which was denied during the plea on March 4. The second count presented on the same day was for corporal injury on a spouse or cohabitant, to which he pleaded not guilty.
The purpose of the hearing was for Christoff to formally request a modification of the protective order, asserting that the accused had been actively seeking professional support and complying with court regulations. A letter from a recreational center was presented to confirm the accused’s commitment to therapy, which he attended consistently three times a week.
In addition to attending three weekly group therapy sessions for mental health and substance abuse, the accused stated that he had been attending Alcoholics Anonymous meetings once a day.
Judge Johnson considered the request to be premature, noting that the incident occurred on March 2. He reiterated that it was too soon for the request, given that only about a month had passed since the incident following the dispute between the accused and the victim.
The deputy district attorney objected, arguing that the protective order should remain in place. He stated that the argument between the accused and the victim stemmed from financial disagreements.
The conflict led to the victim sustaining a broken leg that required surgery. The district attorney argued that the severity of the injury justified maintaining the protective order.
The deputy public defender presented an impact statement from the alleged victim, who was present in court during the hearing. The victim expressed support for modifying the order to allow more contact.
The victim provided context for the altercation, stating that during the argument, the accused pushed him, causing him to fall and injure his leg. He characterized the incident as an accident and said there was no intent to cause harm, adding that there had been no prior history of violence.
The U.S. Department of Justice states that under the Violent Crime Control and Law Enforcement Act of 1994 and the Crime Victims’ Rights Act, victims have the right to appear in court during a “release, plea, sentencing, or any parole proceeding” to express their views regarding the case. Their input may influence the court’s decisions and the severity of sentencing.
The alleged victim also told Judge Johnson that the accused was attending therapy and Alcoholics Anonymous meetings and completing a self-guided course three to four times a week focused on communication skills.
After reviewing the evidence and statements, the district attorney argued that the accused was still on monitored release and that the victim was still recovering from injuries, asserting that the protective order should remain in effect.
The district attorney maintained his objection to altering or removing the protective order to authorize contact.
Judge Johnson granted a modification of the protective order to allow peaceful contact and set a pretrial hearing for May 13.
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