Violation of a protective order is one charge that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and alleged victim are intimate partners. Intimate partners, in the GLBT community, are or were dating, are or were living together, are or were civilly united or have children together. If convicted of this offense, the defendant, under most circumstances, faces a misdemeanor, punishable by up to one year in the county jail and a fine of up to $1,000. There are specific situations that may raise the fine to a maximum of $2,000 and may require a minimum 30-day jail sentence. In addition to the jail time and fines listed above, the accused will also face several additional consequences that will be imposed if the defendant is granted a probationary sentence.

All crimes have specific “elements” (or facts) that are specific to each crime and that the prosecutor must prove “beyond a reasonable doubt” in order convict the accused. The prosecutor must prove each element independently or else the defendant is entitled to a verdict of “not guilty”. In order to find the accused guilty of violating a protective order, the prosecutor must prove five elements.

The first element is that the court issued an order that prohibited the defendant from BLANK (the specific thing prohibited). In order to prove this element, the prosecution must only show that the court issued an order, which is available in the court file.

The second element is that the order was issued in a domestic abuse case (which means that the names parties were intimate partners) and prohibited the accused from engaging in certain conduct or from behaving in a specified manner.

The third element is that the defendant knew about the order and knew what it said. The prosecutor doesn’t have to prove that the accused actually read the order, only that he or she had the opportunity to read it or to learn about its contents.

The fourth element is that the defendant had the ability to follow the order. This means that he or she didn’t face an obstacle that made it impossible to follow the court’s instructions.

The final element that the prosecutor needs to prove in order to convict the defendant of violating a DV protective order is that the accused willfully violated the court’s order, which means that the violation wasn’t the result of a mistake or an accident.

In addition, if the prosecution alleges that the defendant’s violation of the court order resulted in physical injury to protected party, the prosecutor must prove an additional element that states that it was the accused partner’s violation of that specific order that caused the alleged victim’s injury.

In California, a conviction for violating a court order is no joke, as a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. The LGBT supportive attorneys at the Kavinoky Law Firm have offices located in Los Angeles and throughout the state so that they can provide their exceptional services to anyone in need of a California domestic violence lawyer. They pride themselves on treating each and every client with respect and compassion and understand the special concerns and fears that a gay, lesbian, bisexual or transgender individual may have when up against a potentially homophobic and intolerant judicial system. They will do their best to guide their clients through the criminal court process with ease and understanding, hoping to make this truly difficult time a little easier. For legal advice about a protective order violation, contact them today for a free consultation.