Intentionally violating a protective order may result in fines and jail time if the accused is convicted of this charge. If the protected party named in the court order was an intimate partner of the defendant’s, then a host of additional penalties will also face the offender, as the charge will be filed as a domestic violence crime in California. Intimate partners in a same sex relationship are partners who live together, partners who have children together, partners who are dating or civilly united or persons who no longer remain a couple but who once enjoyed one of these relationships. When such a charge is alleged between intimate partners, who are, by nature, often involved in heated, emotional situations, DNA evidence could help prove either party’s side of the story.

DNA (deoxyribonucleic acid) evidence is gaining popularity as a way of resolving crimes in this country and throughout the world. Its popularity is due to the fact that one’s DNA is unique to each individual (with the exception of identical twins), remains the same throughout one’s life and can be easily retrieved from one’s hair, skin, blood, semen, saliva or virtually any other cell in the human body. The reason that this is so important is because if DNA can be collected from a crime scene or from another object identified with the crime, it may be much easier to prove who committed the alleged offense. For example, in a violation of a protective order case, if the defendant’s DNA evidence, such as saliva, blood or skin tissue, is found on the protected party’s body or clothes, or on a letter written to the protected party, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim or on any other physical evidence, it may be easier to clear the suspect and possibly look at charging the alleged victim with making false accusations.

DNA evidence could be particularly helpful in helping to acquit an individual whose intimate partner initiated a false complaint. Domestic abuse statistics reveal that many couples that are affected by intimate partner abuse play both roles, which means that both partners abuse each other and both partners are victimized by each other. Under these circumstances, a jealous, angry or vengeful partner may accuse the other of a crime, simply to gain control of the situation. In a protective order violation case, this may be particularly easy to do, as no physical proof of the violation is necessary to prove the charge. When charged with violating a court order, it is critical to hire a California domestic violence attorney who is experienced with all of the evidentiary issues that often arise in conjunction with this offense. The gay-friendly criminal defense lawyers at the Kavinoky Law Firm are just that. They specialize in California DV crimes and have successfully defended countless cases with skill and integrity. They understand the science behind DNA evidence and how it may be effectively excluded from evidence or used to their client’s advantage, giving them a leg up on their competitors.

DNA evidence is quickly becoming a vital part of proving and defending domestic violence crimes in this state. Having a lawyer who is well versed with DNA evidence and the ways that it can be favorably used in an intimate partner violence trial is of the utmost importance, especially when facing potential incarceration in connection with a conviction for violating a protective order. The knowledgeable, GLBT supportive attorneys at the Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client. For the most competent, qualified and trusted legal advice, contact them today for a free consultation.