In a situation where domestic violence has occurred or is likely to occur, California courts often issue protective orders to protect intimate partners (heterosexual or homosexual spouses, divorcees, boyfriends, girlfriends, cohabitants or people with children in common). These orders prohibit defendants from carrying out specific acts of abuse, reentering their own homes, or engaging in certain behaviors. If a person knowingly disobeys one of these court directives, he or she will be charged with a violation of a protective order. The charge is typically filed as a misdemeanor punishable by a maximum of one-year in jail and a $1,000 fine. However, a violation resulting in a physical injury will cause the punishment to increase to mandatory jail time of at least 30 days and fines upwards of $2,000. California takes such a strong stance on this issue that courts may even punish an offender for violating an order that was issued in another state if the violation occurred here.

While the legal penalties for violation of a protection order are harsh, a skilled criminal defense lawyer can employ one of the many effective defense strategies available for this crime. By carefully investigating the facts surrounding the charge, the attorney will create an aggressive defense. Altercations between intimate partners are emotional, highly charged incidents that always have more than one interpretation. An experienced attorney from the Kavinoky Law firm will work to ensure that the defendant’s version of events is effectively communicated to the judge and jury.

Physical injury is not a requirement for prosecution of a protection order violation, therefore, any physical evidence and/or eyewitness testimony that supports or negates the charge can be crucial for both parties. A good defense lawyer will attempt to either discredit this evidence or at least make it favorable to the defense. Also, if the protected party did not sustain an injury and there is no documented proof of the violation or any credible eyewitnesses to substantiate the violation, the defense attorney may argue that the prosecution has insufficient evidence to convict the alleged offender. Mitigating circumstances may also have played a role in the incident and a talented lawyer will also know how to potentially reduce or negate the charge based on these circumstances. Having professional legal representation is crucial for a defendant faced with any domestic violence charge.

Other defenses to this crime may also be raised. Several questions should be answered including whether the protective order was issued for a lawful purpose, whether the defendant was aware that the order existed and whether he or she had an opportunity to read and understand its contents. Self-defense or the defense of others is another possible defense depending on the facts and circumstances surrounding the alleged incident. An experienced attorney will thoroughly review the facts of the case and identify any issues that could work for the defense. He or she will also know how to effectively present them to the judge and jury.

Many people involved in abusive relationships are both victims and abusers. The alleged perpetrator should not bear sole responsibility for the incident if he or she was a victim of abuse as well. The couples often engage in a power struggle to assert control over each other. Unfortunately, one way to exert this control is to make a false allegation against the intimate partner. A good attorney knows how to effectively cross-examine the alleged victim to show that the allegations were false and initiated out of anger, jealousy or revenge.

Any domestic violence conviction can lead to life-altering consequences for the defendant and his or her family. Violation of a protective order is certainly no exception. With reputation, career and freedom at stake, it’s very important for the accused to retain competent legal counsel who can provide the best defense possible. The knowledgeable defense attorneys from the Kavinoky Law Firm have years of experience litigating California domestic violence cases. They understand the complex laws that govern these crimes and know what defenses are likely to work in each situation. Contacting the Kavinoky Firm is the first step in successfully beating an intimate partner abuse charge.