Domestic violence laws in California include a number of offenses that carry a variety of penalties, depending on both the severity of the act as well as any sustained injuries. These offenses are not limited to heterosexual married couples, but rather include same sex intimate partners who are or were civilly united, who live together or who used to live together, who are dating or who were formerly dating and who have children together. Intentionally violating a court order is one charge that may fall under California’s domestic abuse laws.

Because California is so strict with its intimate partner abuse offenders, it is critical to hire a California domestic violence lawyer who has the necessary knowledge and resources to develop the strongest defense available for each individual’s case. It is even more important for a gay, lesbian, bisexual or transgender individual to hire a gay-friendly attorney who understands the special issues and concerns that such an individual may have and who can address those issues with compassion and trust.

Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum of a one-year jail sentence, up to a $1,000 fine and a host of additional consequences. Protective orders may include orders by the court that prohibit individuals from engaging in specific acts of abuse, reentering their own home, or even behaving in a specified way. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation resulted in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days, possibly up to one-year, and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a court order, he or she will also likely serve mandatory jail time.

It is important to note that the judge is the only person who can legally abolish a protective order. The alleged victim does not have the authority to allow his or her intimate partner back into the home or to engage in prohibited behavior. It is the court that issues the order and it is only the court that can revoke the order. If at some point the parties agree that the order is no longer necessary, the best approach would be to contact a qualified criminal defense lawyer to help convince the court that the order is unnecessary.

In addition to facing jail time and fines, a defendant who is granted probation after being convicted of violating a protective order against his or her intimate partner may also be required to attend a batterer’s education program or other similar education classes. Professional licensing issues and firearm restrictions may also be at issue.

A protective order issued against an individual severely impacts the relationships with his or her partner, children, family and friends. If found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable attorney will investigate the criminal charge and help tell the defendant’s side of the story. An experienced DV attorney will expose false charges, highlight discrepancies between witness accounts and address any extenuating circumstances that may have led to the violation.

Contacting a lawyer as soon as possible after the alleged protective order violation will help to ensure the best possible defense. The GLBT supportive attorneys at the Kavinoky Law Firm, with law offices in Los Angeles and throughout California, are dedicated to providing the best possible defense to all of their clients. They have successfully defended countless domestic violence charges and are well equipped to effectively tackle any issue thrown their way. For unsurpassed legal advice, contact them today for a free consultation.