California’s domestic violence laws apply to intimate partners ? girlfriends, boyfriends, spouses, divorcees, cohabitants and people with children in common. These laws protect homosexuals as well as heterosexuals. One crime that falls under these laws is violation of a protective order. This crime occurs when an individual intentionally disobeys a protective order that was issued by the court to prohibit the offender from engaging in specific acts of abuse, reentering his or her own home or even behaving in a specified way. The typical charge is a misdemeanor and carries a sentence of up to one-year in jail and a $1,000 fine.

California courts take these violations very seriously. If an offender violates an order that was issued in another state, he or she may be charged with the crime if the violation occurred here. When a violation results in physical 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. This is the maximum sentence available to the court, but it is not a complete list of penalties. If there were aggravating factors surrounding the incident or the defendant had a prior conviction for the same or similar crime, a more severe punishment will be imposed. Furthermore, domestic violence convictions usually entail probation for three years with mandatory conditions that must be met.

A misdemeanor conviction for a domestic violence crime usually leads to informal probation. The court will also issue a more restrictive criminal protective order against the defendant to prevent further acts of violence against the protected party. This order may contain a residence exclusion and stay-away conditions. Once the case is resolved, the protected party will be notified as to the outcome.

If convicted, the defendant must also pay at least $200 to various domestic abuse funds distributed by the state. Attendance in a state sponsored batterer’s class is also required once a week for a year. If drugs and alcohol were a factor in the violation, the court may also order the defendant to participate in a chemical dependency program. Community service hours will also be required. The court may also force the defendant to pay up to $5,000 to a battered women’s shelter or provide restitution to the protected party for any reasonable expenses that he or she incurred as a direct result of the violation.

When evaluating the defendant’s progress, the court takes into consideration the defendant’s ability to pay and diligence in following through with these mandated conditions. Depending on the circumstances, the court may modify, extend or even revoke probation. If the court revokes probation, the defendant will likely be sentenced to the maximum prison time allowable. An experienced criminal defense lawyer will work to keep the probation requirements to a minimum.

Attorneys in the Kavinoky Law Firm have years of experience litigating domestic violence cases. They treat each client with compassion and respect and aggressively defend against all charges. Contacting the Kavinoky Firm is the first step in beating an intimate abuse offense or lessening the legal consequences.