California has instituted harsh penalties for domestic violence offenders in an effort to deter individuals from committing such crimes. Complex and stringent laws protect individuals who are married, divorced, cohabitating, dating, or have children in common. Violation of a protective order is one specific domestic violence crime that occurs when an individual knowingly and intentionally disobeys a court directed order. These protective orders prohibit an offender from committing specific acts of abuse, reentering his or her own home, or exhibiting certain behaviors. This crime is usually charged as a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. In some instances, California courts will charge an offender for violating an order that was issued in another state if the violation occurred in California.

If the violation results in bodily injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. If aggravating factors were part of the alleged offense, the offender faces additional penalties. Similarly, if the defendant has a prior conviction for violating a protective order, he or she will likely receive a harsher sentence.

Domestic violence convictions usually result in the defendant being placed on probation for at least three years. California sentencing guidelines include mandatory terms of probation with respect to any California domestic abuse crime and include the booking process, issuance of a more restrictive criminal protective order, participation in a batterer’s class and an additional fine which goes to various domestic violence funds.

In some instances, a conviction for violating a protective order may also incite professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license holder has been convicted of a crime, provided that the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Therefore, a conviction could potentially end the defendant’s career. With so much at stake, it is imperative to hire a trained attorney who is familiar with California domestic violence law as well as professional licensing board restrictions.

In addition to the criminal penalties described, an individual may be sued in civil court for the violation as well. In a civil cause of action, a person who is found liable for committing this tort is subject to additional heavy fines and a more restrictive civil protective order but cannot be sentenced to jail or prison.

A person faced with a domestic violence conviction should contact a good defense attorney immediately. The experienced attorneys at the Kavinoky Law Firm have helped their clients beat all types of intimate abuse charges including violations of protective orders. They will help with all aspects of the case and work to minimize any legal consequences. Contact the Kavinoky firm today and speak with a qualified legal professional.