When an individual willfully violates a protective order that was issued to prevent further abuse to his or her intimate partner, he or she faces being charged with this offense as a California crime of domestic violence. One’s GLBT intimate partner may be his or her partner in a civil union, the person with whom he or she lives, the person with whom he or she has children or the person whom he or she is dating. Domestic abuse laws also apply to partners who no longer remain together but who were once involved in one of these relationships. If convicted of this crime, the defendant faces a misdemeanor, punishable by up to one year in jail and a maximum $1,000 fine as well as a variety of additional consequences.

Civil penalties may also face an individual who has violated a protective order against his or her intimate partner. Civil law states that an individual must abstain from infringing upon any of another’s rights. When an individual has been afforded protection by being named as the protected party in a protective order and another person violates that order, the protected party’s rights have been violated, which allows him or her to sue the violator in civil court. In civil court, if the defendant is found liable for committing this “wrong” or “tort,” he or she may have to pay money to the injured party but will not be sentenced to jail or prison.

Civil penalties, as previously mentioned, include monetary damages. There are three types of monetary damages that are available to the plaintiff (that is, the person who is suing – the protected party - the alleged victim – the intimate partner): general damages, special damages and punitive damages. General damages are designed to compensate the plaintiff for things, such as pain and suffering, for which a dollar amount can’t really be calculated. Special damages are designed to compensate the plaintiff for his or her out of pocket expenses that he or she sustained as a result of the violation. The purpose of punitive damages isn’t so much to compensate the plaintiff but is imposed to punish the defendant for his or her wrongful and malicious conduct. A civil harassment restraining order may additionally be issued as a civil penalty (even on top of a criminal order) and may be as restrictive as a criminal protective order, depending on the circumstances of the alleged violation.

It should be noted that there are also some major procedural differences between criminal court and civil court with respect to an intimate partner abuse charge of violating a protective order. In criminal court, it is the state that files and presses the charges, not the alleged victim as many incorrectly believe. He or she simply gets the ball rolling when he or she contacts the police, but the prosecuting agency then takes over, taking away all control from the intimate partner. This is the exact opposite in civil court, as it is the plaintiff who files the suit and personally sues his or her intimate partner who allegedly violated the order. The other major difference is the amount of proof that is required to find the defendant guilty or liable. In criminal court, all twelve jurors must believe that the defendant is guilty and must do so by applying the “beyond a reasonable doubt” standard, the highest under the law. In civil court, only ¾ of the jurors must believe that the defendant actually violated the law and only have to follow the “preponderance of the evidence” standard, which means that they believe that there is a greater than 50% chance that the defendant violated the order.

The LGBT friendly, California domestic violence attorneys at the Kavinoky Law Firm know what it takes to successfully defend against the severe consequences that are associated with violating a protective order. In addition, they can provide referrals for civil defense lawyers where appropriate. Contact them today for a free consultation.