Protective order violations, when charged as California crimes of domestic abuse, carry a host of penalties that otherwise would not face the accused. The violation will be filed as a domestic violence crime if the accuser is an intimate partner of the alleged violator. GLBT intimate partners are civilly united, dating, living together, have children together or were at one time involved in one of these relationships.

Because of the private nature of intimate partner abuse, most incidents of violence or abuse occur while the couple is alone. As a result, many DV cases, including those that allege a protective order violation, don’t involve witnesses and may be filed with no corroborating evidence to support either party. Eyewitnesses, therefore, can be quite helpful or destructive to either side, depending on the credibility of the witness and on the skill of the attorney. The gay-friendly, California domestic violence attorneys at the Kavinoky Law Firm excel in witness preparation and cross-examination and know how to turn any witness, even a witness presented by the prosecution, into a witness that ultimately helps support the defendant’s side of the story.

Witnesses are required to testify “under oath” to ensure that they are telling the truth. However, when a friend or family member (or even someone that the witness despises) is one of the parties to the case, the truth sometimes gets lost in translation. This is because witnesses will often testify out of loyalty or revenge and may embellish their story to favor one party over the other or may even outright lie to help or hurt one of the partners. Because this testimony may seem legitimate to an untrained juror, it is up to a good criminal defense lawyer to recognize and identify any discrepancies in testimony that are harmful to the defense and to take the time to prepare a witness that the defense intends to have testify so that his or her testimony appears flawless and relaxed, even when answering questions from the District Attorney or from the City Attorney.

Witnesses who are well intentioned and who don’t have any inherent bias towards either party must also be carefully examined and cross-examined. Intimate partner violence cases are often based on emotional, highly charged incidents that may not be easily understood by a third party. Sometimes an individual who witnesses an “incident” may interpret it out of context, either not having a true understanding of the couple’s relationship or because he or she didn’t witness the events that lead to the charged offense. When this happens, it can be devastating, particularly to the defense, because a judge or jury may take an impartial witness for what he or she says at face value. This is another reason why it is so important for an individual who has been accused of violating a protective order to hire a California domestic violence lawyer who knows how to skillfully examine witnesses in ways that are beneficial to his or her client and damaging to the prosecution.

The LGBT supportive attorneys at the Kavinoky Law Firm, with offices in Los Angeles and throughout California, work closely with private investigators to get as much information about each witness as they can. They conduct criminal background checks and witness interviews so that they are aware of any facts that may be useful in supporting or negating a witness’s credibility. They also understand the reservations that a gay, lesbian, bisexual or transgender individual may have about testifying in a public trial in a same sex domestic violence case if he or she isn’t open with his or her sexuality. With compassion and respect, they will explain the importance of witness accounts with any potential defense witnesses and will do their best to make their witnesses comfortable with the proceedings that lie ahead. For legal advice about a protective order violation, contact them today for a free consultation and for unbelievable representation.