A California domestic violence charge will be filed when an individual intentionally violates a protective order that protects his or her intimate partner. Intimate partners, with respect to a same sex relationship, include partners who are or were civilly united, partners who are or were living together, partners who are or were dating and partners who have children together. If charged with this offense, the accused faces a misdemeanor, punishable by a maximum of one year in jail and up to a $1,000 fine.

While that penalty describes the typical jail sentence and fine that the accused faces when convicted of violating a protective order, there are cases where there may have been aggravating facts or circumstances that were involved in the alleged violation that, in turn, force the judge to impose more severe punishment. This is why an individual accused of such a violation should contact a California domestic violence lawyer as quickly as possible after he or she has been arrested so that the lawyer can begin immediately building a defense to ward off a conviction.

Aggravating factors that are generally seen in connection with violating a protective order include the alleged victim suffering an injury and the violator owning or possessing a firearm. Beginning with the first, if the protected party (that is, the person named in the protective order – the alleged violator’s intimate partner) suffered any type of physical injury, regardless of how slight it was, that resulted because of the alleged violation, the accused will serve a mandatory jail sentence of at least 30 days to one year. In addition, the maximum fine rises from $1,000 to $2,000. There are some limited circumstances where an experienced criminal defense lawyer may be able to convince the judge to impose a 48-hour jail sentence instead. This is yet another reason why it is critical for the accused to hire one of the gay-friendly attorneys at the Kavinoky Law Firm to defend his or her case. The attorneys specialize in crimes of domestic abuse, and because of their vast experience, they know the facts and circumstances that are likely to persuade a court to impose the minimum sentence allowable by law.

The second aggravating circumstance that is frequently linked to a protective order violation deals with firearms. If the restrained individual (that is, the party who is prohibited from engaging in certain behavior – the accused in this case) owns, possesses, purchases or receives a firearm when his or her court order specifically prohibits such actions, he or she faces serving his or her sentence in the state prison instead of in the county jail. If sentenced to prison, the crime rises to a felony. In addition, because the court looks at this type of situation with great concern, it may be more likely to impose a mandatory sentence under these conditions.

Aggravating factors have the potential to substantially increase a jail sentence, which means that an individual could possibly lose his or her job, car or home as a result of a long-term sentence. Hiring a skilled domestic violence attorney who is familiar with the intricacies involved in a protective order violation case may be the key to avoiding these severe penalties. Such a lawyer knows the types of arguments that are likely to convince a judge that the imposition of additional penalties is against the interests of justice and may propose alternative sentencing as another option, depending on the facts of his or her client’s case. The GLBT supportive attorneys at the Kavinoky Law Firm have successfully defended countless intimate partner abuse cases. They participate in continuing legal education that focuses on this specific area of the law, which is directly responsible for their exceptional results. They treat each client with compassion and respect, sympathize with the challenges that their gay, lesbian, bisexual and transgender clients may face within our homophobic society and will do their best to quickly and successfully resolve a terrible situation. Contact them today for a free consultation and for unsurpassed representation.