Violating a protective order may result in a California domestic abuse charge if the accused engaged in behavior against his or her intimate partner that was prohibited under the order. Intimate partners, in a same sex relationship, include partners that are or were dating, partners that are or were living together, partners that have children together and partners who are or were civilly united. An individual charged with this offense who has no prior convictions or whose case didn’t involve aggravating circumstances will be charged with a misdemeanor, punishable by up to one year in jail and a maximum $1,000 fine. If the alleged victim sustained a physical injury as a result of the violation, the defendant faces a minimum of 30 days in jail, possibly up to one year and a maximum fine of $2,000.

When a defendant violates a court order, the violation could be verbal (harassment or threats), written (in the form of a letter or e-mail) or physical (stalking or physical abuse). Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like a letter) that helps prove or disprove a theory. Physical evidence in a protective order violation case may include letters written to the protected party (that is, the alleged victim), injuries to the protected party and damage to the alleged victim’s personal property.

Physical evidence makes it that much easier for the prosecutor to convince the jury to vote guilty in an intimate partner abuse case, which is why any physical evidence must be independently analyzed by the defense. A skilled California domestic violence lawyer will most likely hire an expert witness and/or private investigator to make sure that any evidence that is presented by the prosecution is authentic and hasn’t been either intentionally or unintentionally fabricated or tainted. For example, an expert forensic witness or private investigator may be able to tell if an injury was sustained in the manner and timeframe alleged by the accuser or may be qualified to analyze handwriting in a letter to make sure that it was actually the defendant who wrote it. If such evidence is valid, the experienced gay-friendly attorneys the Kavinoky Law Firm know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is not only admitted but also highlighted for the judge and jury to see and hear.

Violating a protective order is serious charge with serious consequences. If facing this charge, it is critical to hire an attorney who is experienced in this technical area of the law. The GLBT supportive attorneys at the Kavinoky Law Firm are familiar with every aspect of a California DV case and have successfully defended countless individuals, treating each with compassion and respect. They pride themselves on not only exceeding their client’s expectations but on instilling trust and confidence in them as well. For legal advice about a protective order violation charge, contact them today for a free consultation.