Domestic violence has become an increasingly significant problem in the State of California. As such, the growing number of incidents has led to the development of a harsh set of laws intended to protect intimate partners and punish offenders. For purposes of these laws, intimate partners include girlfriends, boyfriends, spouses, divorcees, cohabitants, and people who have children together. These laws protect homosexuals and heterosexuals equally. Because California is so strict with its domestic violence offenders, a person charged with any intimate partner abuse crime should immediately secure an experienced criminal defense attorney. Lawyers with the Kavinoky Law Firm have vast knowledge of the complex California domestic violence laws and know how to defend against any charges.

Violation of a protective order is one charge that falls under the state’s domestic abuse laws. This crime occurs when the defendant has intentionally and knowingly violated a protective order issued by the court. The crime is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. Protective orders prevent offenders from carrying out various acts of abuse, reentering their own home, or engaging in certain prohibited behaviors. The courts have taken such a hard stance on this issue that they may even punish an offender for violating an order in California that was issued in another state. Any violation that results in physical injury to the alleged victim will incite mandatory jail time for the offender of at least 30 days, possibly up to one-year, and fines up to $2,000. Furthermore, if the defendant has a prior conviction for violating a court order, mandatory jail time will also be imposed.

Only a judge can legally suspend a protective order. The complaining witness does not have authority to give the offender permission to reenter home or to engage in the forbidden behavior. The court that issued the order is the only entity that can revoke the order. In the event that the intimate partners agree the order is no longer necessary, the best course of action is to contact a skilled attorney to try to convince the court that the order is no longer needed.

A protective order violation can also lead to mandatory attendance in a batterer’s education program or other similar education classes as a condition of probation. In addition, professional licensing issues and firearm restrictions may also come up as a result of the conviction or the ensuing legal consequences. A good attorney can help with these and any other issues that may arise.

Protective orders significantly impact relationships with family members and friends. These relationships are further damaged if the order is violated and the defendant is sentenced to time in jail. A knowledgeable attorney will investigate the criminal charge and make sure that the defendant’s side of the story is effectively communicated. He or she will employ the best defense possible to expose any false allegations, highlight discrepancies in eyewitness testimony and uncover any extenuating circumstances that may lessen or eliminate the legal repercussions.

The defense attorneys at the Kavinoky Law Firm are experienced and highly respected lawyers who have litigated hundreds of protective order violation cases. They can help with all aspects of the trial and secure any additional resources to help the family during this difficult time. Contact the Kavinoky Firm today and level the legal playing field.