California courts issue protective orders to prevent domestic violence against intimate partners. The orders prohibit an offender from engaging in specific acts of abuse, reentering his or her own home, or even behaving in a certain way. Intimate partners who are protected under California domestic violence laws include girlfriends, boyfriends, spouses, divorcees, cohabitants, and people with children in common. The partners may be gay or straight.

Violation of a protective order is a domestic violence crime that occurs when a person intentionally and knowingly disobeys a protective order against his or her intimate partner. The crime is usually charged as a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. The penalty increases to mandatory jail time of at least 30 days and fines up to $2,000 if the violation results in physical injury to the alleged victim. In addition, a prior conviction for violating a protective order by the defendant will also increase the penalty to include mandatory jail time. Sometimes an offender who violated an order in California will be charged even if the order was issued in another state.

Bail for violation of a protective order follows a schedule but can be raised or lowered if the defendant submits an application on his or her behalf or if the arresting officer submits a similar application. However, if the defendant engaged in threats to kill or harm the protected party, committed violence against the protected party, or visited the protected party’s home or office, a bail hearing is required by law to determine if modification is appropriate.

At the bail hearing, the judge will inquire about the defendant’s prior criminal history, his or her flight risk, and the facts surrounding the case to determine whether to modify the bail amount or release the defendant on his or her own recognizance (OR). When making the bail decision, the judge presumes that the accused is guilty. This fact presents a good reason for the defendant to retain an experienced criminal defense lawyer to help with all aspects of the case.

A defendant is usually denied an OR release in an intimate partner abuse charge and will be required to post bail. There are two methods by which the bail can be posted: cash bail or a bail bond. A cash bail release requires the defendant to post certified funds (or cash) in the full amount of the bail with either the arresting agency or the clerk of the court. The cash will be returned within 60-90 days after the case is resolved if the accused attends every court appearance. If, however, the defendant fails to appear at even one appearance, the cash bond will be forfeited to the court.

A bail bond contract involves a bail agent posting bond in the full bail amount in exchange for ten-percent of the bond amount as a fee. The bondsman may also require collateral in the form of a car, house or something else of appropriate value to secure the bond. If the defendant fails to repay the bond, the bondman can legally keep or sell the defendant’s collateral. When the case is resolved, the bond is exonerated and the collateral released.

A conviction for violating a protective order can lead to life-changing consequences. California’s strict stance against domestic violence offenders makes it imperative for a person charged with such an offense to hire competent legal representation as soon as possible. Attorneys at the Kavinoky Law Firm have defended numerous clients from protective order violations and countless other domestic violence charges. They understand the laws, the defenses, and the complicated sentencing structure that the state has instituted. Contact the firm today and take the first step toward beating an intimate abuse offense.