When an individual intentionally and knowingly violates a protective order issued to protect his or her intimate partner, he or she may be charged with a California crime of intimate partner abuse. One’s gay, lesbian, bisexual or transgender intimate partner may be his or her partner or former partner in a civil union, the person with whom he or she lives or lived, the person whom he or she is or was dating or the person with whom he or she has children. An individual convicted of this crime generally faces a misdemeanor that is punishable by a maximum $1,000 fine and up to a year in jail.

A one-year jail sentence is the maximum amount of jail time that a defendant convicted of violating a court order could possibly serve. Absent physical injury to the protected party, the law says nothing about mandatory jail time for an offender. This means that if the facts surrounding the alleged incident aren’t too horrifying, an experienced California domestic violence lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of violating a protective order and has been previously convicted of violating a court order, he or she will likely serve mandatory jail time. If the defendant’s current case involves an act of violence or a credible threat of violence and he or she has a prior conviction for violating a protective order that occurred within seven years of the current case, he or she faces up to one-year in jail or state prison. If sentenced to state prison, the charge rises to a felony. Although there is no mandatory jail or prison sentence that coincides with these facts, the court will most likely issue a sentence that includes jail or prison time, because it will reason that the defendant should have known better, having previously been in a similar situation.

Similarly, if the accused is convicted of violating a protective order that resulted in physical injury to the protected party and he or she has a prior conviction for violating a protective order within one year of the current case, he or she will face at least six months in jail or prison, possibly up to one-year, and a fine of up to $2,000. Again, if sentenced to prison, the crime becomes a felony. There are circumstances, however, where the defendant would only have to serve 30 days in jail, which is another reason why it is important to have professional legal representation. A skilled California domestic violence lawyer will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Prior convictions not only affect the sentence that the defendant receives but may also have an impact on the case, itself. Prior convictions, while prohibited from evidence in most criminal trials, are admissible as evidence against the accused in a domestic abuse case in California. This essentially permits a jury to incorrectly conclude that the defendant is guilty in the pending case simply based on his or her past conduct.

When charged with violating a protective order – especially when one has a history of prior violations – it is imperative to hire a qualified criminal defense lawyer who is familiar with all of the issues that prior acts of domestic violence raise. The GLBT-friendly attorneys at the Kavinoky Law Firm will do their best to keep the charge classified as a misdemeanor and to vigorously defend the charges against his or her client. They are supportive of their gay clients and will help guide them with compassion and integrity through a court system that is unfortunately still plagued by intolerance and fear for those identified as anything other than “straight”. Contact them today for a free consultation.