A California domestic abuse charge will be filed when a person willfully violates a protective order that was issued to protect his or her intimate partner. Intimate partners in a same sex relationship include partners who have children together, partners who are or were civilly united, partners who are or were dating and partners who are or were living together. In general, if convicted of this crime, the defendant faces a misdemeanor that is punishable by up to one year in jail and a maximum $1,000 fine. If, however, the violation resulted in any type of physical injury to the partner, the defendant will serve a mandatory jail sentence of at least 30 days and may face a maximum fine of $2,000. Aggravating circumstances and/or prior convictions are also likely to lead to a stiffer sentence and may even cause the case to be filed as a felony.

Punishment in a protective order violation case that was charged as an intimate partner abuse crime will generally include a probationary sentence. The terms of probation are very specific with respect to a DV case and are imposed in addition to the jail times and fines listed above.

Punishment for a defendant convicted of violating a domestic violence court order may also include a restriction or suspension on his or her professional license and will definitely include firearm restrictions. If the alleged offense occurred while the defendant either owned, possessed, purchased or received a firearm when forbidden from doing so by the protective order, he or she will face up to an additional year in jail or prison and an additional fine of up to $1,000.

Punishment for the accused may also independently include civil penalties. This is because the alleged victim may choose to sue the violator in civil court for monetary damages. It should be noted that an individual who faces civil liability will not face incarceration, but may be subject to heavy fines and a civil protective order.

Violating a protective order is a serious charge with serious penalties. The best way to avoid these possibilities from becoming a reality is to contact a California domestic violence lawyer who is familiar with and has had success with all of the defenses that are applicable to this crime. The GLBT supportive attorneys at the Kavinoky Law Firm are here to help. With law offices in Los Angeles and throughout California, they are available to anyone in need of an attorney who specializes in California D.V. crimes. They have successfully defended countless individuals facing intimate partner violence charges and maintain an excellent reputation for doing so. In addition to providing exceptional representation, they are aware of the needs and privacy concerns that their gay, lesbian, bisexual and transgender clients may have and will do their best to respond to those issues in ways that are agreeable to their clients. When things are at their worst, the attorneys at the Kavinoky Law Firm are at their best! Contact them today for a free consultation and for unsurpassed representation.