A domestic violence conviction in California comes with a bill. Domestic violence victim restitution is money the court orders you to pay directly to the person named in your case, separate from any fine, fee, or program cost. California law makes that order mandatory once there is a conviction and a documented economic loss.
The amount itself is not automatic, though. It is assembled from receipts, estimates, and claim forms, and you have the right to challenge every line of it before a judge signs off. Our attorneys at My Rights Law defend people facing restitution claims in Rancho Cucamonga and throughout San Bernardino County, and you can reach us at 909-330-3880 for a free case evaluation.
Restitution hearings turn on documentation, not on argument. The prosecution builds its figure from whatever the other side submits, which often includes rough estimates, unverified totals, and losses that fall outside what the statute allows.
Our team treats that submission as evidence to be tested. We compare the claim against the categories California law actually authorizes. Where a cost is undocumented, duplicated, or unconnected to the conduct in the conviction, we say so on the record and ask the court to strike it.
Domestic violence restitution is compensation for economic loss, ordered inside your criminal case. California Penal Code § 1202.4 requires the court to order restitution in every case where a person has suffered economic loss as a result of the defendant's conduct. The statute directs the court to order full restitution, and that order is enforceable as if it were a civil judgment.
Domestic violence charges reach a wide range of relationships. California Family Code § 6211 defines domestic violence as abuse committed against any of the following:
That definition controls whether the mandatory domestic violence sentencing rules apply to your case.
These two obligations get confused constantly, and they are not the same money.
California Penal Code § 1202.4 also sets the order of payment. Money collected from you is applied to restitution for the person named in the order before it goes to fines, restitution fines, penalty assessments, or other court fees.
California Penal Code § 1203.097 allows the court, in lieu of a fine, to order payments of up to $5,000 to a domestic violence shelter-based program. That is a third and separate category of money.
The statute protects direct restitution first: A shelter-based program payment cannot be ordered if it would impair your ability to pay direct restitution or court-ordered child support.
This is the controlling statute. It directs the sentencing court to identify each person and each loss the order covers, then to set a dollar amount sufficient to fully reimburse every determined economic loss caused by the criminal conduct.
The same statute gives you the right to a hearing before a judge to dispute the amount. It also permits the court to modify the amount on its own motion, or on a motion by the district attorney, the protected party, or you.
Domestic violence probation is not discretionary in its core terms. Where the protected person falls under Family Code 6211, the conditions must include the following:
Separately, the court may order you to reimburse the protected person for reasonable expenses it finds are the direct result of the offense. Those costs sit alongside a restitution order rather than inside it.
Losses are frequently unknown on the day you are sentenced. Under California Penal Code § 1202.46, when economic losses cannot be ascertained at sentencing, the court retains jurisdiction over you for the purpose of imposing or modifying restitution until those losses can be determined.
That jurisdiction is durable. In 2024, the California Supreme Court held in People v. McCune that a court may still fix a restitution amount after a probation term has been terminated. An open restitution order is not resolved by finishing probation.
The right to restitution sits in the California Constitution, not only in the Penal Code. Under Marsy's Law, restitution shall be ordered from the convicted wrongdoer in every case in which a crime victim suffers a loss, regardless of the sentence or disposition imposed.
Judges therefore have very little room to waive restitution outright. The realistic argument in almost every case is about the amount, not about whether an order will exist at all.
California Penal Code § 1202.4 lists the recoverable categories. An order may include the following:
Two additional categories were written with domestic violence facts in mind. They often push a total far higher than people expect.
An adult protected person may claim the cost of relocating away from you. Recoverable items include deposits for rental housing, deposits for utilities and telephone service, temporary lodging, food, clothing, and personal items.
There is a verification requirement attached. Those expenses must be verified by law enforcement as necessary for the person's physical safety, or by a mental health treatment provider as necessary for the person's emotional well-being.
Residential security costs are also recoverable where the conviction involves California Penal Code § 273.5 or a violent felony. Those costs can include a home security device or system, and replacing or increasing the number of locks. Where the required verification is thin or missing, the claim is open to challenge.
Interest accrues on restitution at the rate of 10 percent per year. It runs from the date of sentencing or the date of loss, as the court determines.
The start date is a live issue, not a formality. On a substantial order, choosing the loss date over the sentencing date can add a meaningful sum before you make a single payment.
Criminal restitution is narrower than a civil lawsuit. Noneconomic losses such as psychological harm are recoverable through restitution only for certain felony sex offenses involving children.
Pain and suffering, emotional distress, and punitive damages are not part of a domestic violence restitution order.
California Penal Code § 1202.4 gives you the right to a hearing before a judge to dispute the determination of the amount. Do not treat a probation recommendation as a final number.
A protected party may testify at a restitution hearing or a modification hearing by live, two-way audio and video transmission where the court has that capability. Where a motion to modify is filed, the protected party must be notified at least 10 days before the proceeding on that motion.
In cases where a restitution order may be entered, you must prepare and file a disclosure identifying all assets, income, and liabilities you held or controlled as of the date of your arrest. Willfully stating a material matter you know to be false on that disclosure is a misdemeanor.
The obligation continues later in the case. An updated disclosure is required if a balance remains 120 days before your scheduled release from probation or completion of a conditional sentence. That updated filing is due no later than 90 days before the same date.
The district attorney may also request an order of examination to identify your financial assets for collection.
The figure the prosecution presents is a starting position, not a finding of fact. Our attorneys look for the gaps that bring it down.
One presumption is worth flagging. Where the Restitution Fund has already assisted the protected person, that assistance is presumed to be a direct result of the conduct and is included in the restitution ordered.
The presumption can be rebutted, and the court may release additional board records to you after reviewing them in camera and finding them necessary for you to dispute the amount.
This surprises nearly every client. Under California Penal Code § 1202.4, your inability to pay is not a consideration in determining the amount of a restitution order.
The ability to pay does carry weight elsewhere. The court makes an ability-to-pay determination for a fine, a shelter-based program payment, or probation-condition restitution under the domestic violence probation statute. That determination may include your future earning capacity, and you carry the burden of showing that you lack the ability to pay.
The mandatory $500 domestic violence fee can also be reduced or waived. That requires a hearing in open court, a finding that you do not have the ability to pay, and a stated reason on the record.
A restitution order does not close when your case does. Any portion left unsatisfied after you are no longer on probation remains enforceable by the protected person until the obligation is satisfied.
Payment priority also works against you here. Because collections are applied to restitution before other court-imposed fines and fees, a balance can persist long after you believe the case is behind you.
California Penal Code § 1202.4 makes a restitution order enforceable as if it were a civil judgment. Standard collection tools can follow it after the criminal case ends, and unpaid balances continue to accrue interest.
Nonpayment during probation carries a different risk. Payment of restitution fines and orders is a condition of probation whenever probation is granted, so an alleged failure to pay can put you back in front of the judge on a violation.
There is no set figure and no statutory cap. The amount depends entirely on which economic losses are documented and accepted by the court, which is why the hearing matters.
Yes, where the original order left the amount to be determined. The California Supreme Court held in 2024 that a sentencing court keeps jurisdiction to set that amount even after a probation term has been terminated.
No. Restitution in a domestic violence case is limited to economic loss. Noneconomic damages belong to civil court, not to your restitution order.
Nonpayment while you are on probation can support a probation violation allegation, because payment is a condition of probation. After probation ends, the unpaid balance is enforced as a civil judgment instead.
The judge does. Probation and the district attorney recommend a figure, and the court sets the amount after weighing the documentation and any evidence you present.
Domestic violence victim restitution claims are built on paperwork, and paperwork can be tested. Our attorneys at My Rights Law review the claim, the probation report, and every document behind the requested figure, then argue for the amount the evidence actually supports.
If you are facing a restitution claim in Rancho Cucamonga or elsewhere in San Bernardino County, do not stipulate to a number before someone has examined it. Call My Rights Law at 909-330-3880 for a free case evaluation.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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