Civil penalties for stalking one’s intimate partner in California

Stalking, as defined by California’s domestic violence laws, is when an individual maliciously and willfully follows or harasses and threatens his or her intimate partner with the intent to place that partner in fear for his or her safety. If convicted of this crime, the defendant faces up to one year in the county jail and up to a $1,000 fine if convicted of a misdemeanor or up to one year in the state prison if convicted of a felony. Both a misdemeanor and a felony conviction carry additional penalties, but jail or prison is generally the defining characteristic of a criminal sentence.

Civil penalties may also face an individual accused of stalking his or her intimate partner. Both civil and criminal punishment may be sought against the offender and are not mutually exclusive, which means that an individual accused of stalking may face both civil penalties and criminal prosecution.

The major differences between a civil suit and criminal prosecution for D.V. related stalking are found in the title and role of the accuser, in the “burden of proof” and in the penalties. In a civil case, the victim (who becomes known as the plaintiff) sues the defendant for the “tort” of stalking. In a criminal court, it is the prosecutor who actually files the charge, despite the common misconception that it is the victim who “presses charges.”

The “burden of proof” is the standard that the prosecutor or plaintiff’s attorney must meet to prevail. In a criminal case, the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt,” which is the highest burden. In a civil case, the plaintiff must only prove that the defendant is liable by a “preponderance of the evidence,” which means that it is more likely than not that the defendant stalked his or her intimate partner. Although the burden of proof is higher in a criminal trial, a civil trial requires more evidence. For example, a criminal charge for stalking an intimate partner can be filed based only on the accusation of the victim, yet in a civil trial for stalking, the plaintiff must support his or her allegations with independent corroborating evidence. Another example is that in a criminal case, there is no requirement that the victim asked the offender to stop his or her behavior, but in order to file a civil suit, the plaintiff must have clearly and definitively told the defendant to stop the stalking, unless the defendant was already under court order to refrain from such behavior.

Finally, the penalties in a civil suit and in a criminal prosecution are different. A civil suit penalizes the defendant financially whereas a criminal case can result in jail or prison. A plaintiff sues in civil court for two things – money and sometimes protection. In a stalking case, both would be sought. If a defendant is found liable, he or she could be required to pay the plaintiff “general” damages (damages that are awarded when an exact dollar amount can’t be calculated, an example being pain and suffering), “special” damages (out of pocket expenses for attorney’s fees, hospital bills, counseling, damage to personal property, etc.) and “punitive” damages, which are awarded above and beyond general and special damages to punish the defendant for stalking his or her intimate partner. In addition, if the defendant were found liable, his or her intimate partner would receive a civil protective order that would prohibit further stalking or other types of abuse by the defendant.

Stalking is a serious matter, whether charged criminally or alleged in a civil suit. It is therefore imperative that the accused hires the best attorneys he or she can afford. The criminal defense lawyers at the Kavinoky Law Firm specialize in intimate partner abuse crimes and have successfully represented numerous individuals charged with stalking their intimate partners. Contact them today for a free consultation and/or to ask for a referral for a civil attorney.

The consequences of a California domestic violence stalking conviction

Domestic violence laws, in California, are applicable to all crimes that are committed against one’s intimate partner. Intimate partners are people who have children together, who live together, who are dating or formerly dating and who are married or divorced. The partners may be heterosexual or homosexual. It therefore follows that an individual who follows or harasses and threatens his or her intimate partner, intending to place that partner in fear, will be charged with stalking as a domestic abuse crime. Depending on the circumstances that surrounded the charge, D.V. stalking can be charged as a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in prison. Aggravating factors and/or prior convictions will likely result in mandatory prison time for as many as six years.

Imprisonment is perhaps the most frightening part of a sentence, but it is certainly not the extent of what a defendant convicted of intimate partner stalking faces. A defendant who is convicted of any intimate partner abuse crime will usually be placed on probation (which can be informal if charged with a misdemeanor or formal if charged with a felony). Probation generally remains in effect for at least three years. While on probation for a DV related offense, the defendant will have several mandatory terms of probation with which he or she must comply. These terms include, but are not limited to, enrollment and attendance in a batterer’s class, fines payable to specific domestic violence funds, a protective order issued against the defendant and the booking process.

Penalties for an individual convicted of stalking an intimate partner also include counseling, in addition to enrollment in a batterer’s class and possible confinement in a state hospital if the court decides that the defendant would benefit from treatment due to a possible mental illness. Perhaps the most devastating consequence of a domestic violence stalking conviction is that the defendant may be required to register as a sex offender if the court finds that the defendant stalked his or her intimate partner as a result of sexual compulsion or for the purpose of sexual gratification. If the court finds that registration is appropriate, the defendant must register for life and will face additional penalties, including jail or prison time, if he or she doesn’t comply with all of the requirements that coincide with registration.

Professional licensing restrictions may also face a defendant convicted of stalking his or her intimate partner if it can be proven that the stalking was somehow substantially related to the defendant’s job duties. This means that a conviction could potentially end an individual’s career. Along these same lines, firearm restrictions will be imposed upon a stalking arrest and will remain in effect if the defendant is convicted of the charge. Such a restriction could potentially end an individual’s career if that person must carry a firearm as a part of his or her job.

Civil penalties may also face an individual convicted of stalking his or her intimate partner, as the victim may also sue the defendant in civil court for monetary damages and a civil harassment order.

Clearly, the penalties facing a defendant convicted of stalking his or her intimate partner who was prosecuted under California’s intimate partner violence laws are severe and life altering. One’s freedom and reputation is too important to trust to an inexperienced attorney. The criminal defense lawyers at the Kavinoky Law Firm specialize in domestic abuse crimes and have successfully defended countless individuals who have been charged with stalking their intimate partners. The attorneys excel in preparing the most comprehensive defense strategies and will aggressively advocate for alternative sentencing when appropriate. Click here for a free consultation and for the best representation.

Alternative Sentencing and Its Effect on a California Criminal Threats Domestic Violence Conviction

“Criminal threats” is classified as a California domestic violence crime when an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury if committed. Intimate partners are married, divorced, dating, were formerly dating, living together or have children together. These intimate partners may be heterosexual or same-sex partnerships. If, as a result of the threat, the recipient reasonably fears for his or her safety, his or her intimate partner may be charged with criminal threats as a domestic abuse crime. If convicted, the accused faces up to one year in the county jail or state prison, depending on whether the charge was filed as a misdemeanor or as a felon.

Although imprisonment is the stated penalty for making criminal threats against one’s intimate partner, there are alternative sentencing options that an experienced criminal defense lawyer may be able to convince a judge that would better serve the interests of justice. The unparalleled attorneys at The Kavinoky Law Firm keep current with all of the different sentencing options that are available to their clients who have been convicted of intimate partner abuse charges so that they can effectively advocate for their imposition as an alternative to jail or prison.

Alternative sentencing comprises a variety of options that serve as alternatives to incarceration. The most common types of alternative sentencing that may be imposed in a conviction for making criminal threats against one’s intimate partner in a Domestic Violence case include probation, electronic monitoring, house arrest, community service or labor, counseling in either an individual or group setting, and paying restitution to the intimate partner when possible. These options are by no means the entirety but are the most frequently used alternatives to serving jail or prison time. Depending on which alternative is sought, a skilled attorney may be able to convince the court that alternative sentencing will be more effective in acting as a deterrent to future criminal conduct, as the requested alternative may have a rehabilitative element to it, as opposed to imprisonment which only serves to punish.

When considering whether to impose an alternative sentence to jail or prison, a judge will take into account several factors. The court will want to know whether drugs and/or alcohol were involved in the charged incident or are regularly used by the defendant, whether there were any mitigating or extenuating circumstances that led to the commission of the crime, and whether the defendant suffers from any mental illness. An experienced lawyer knows what facts and circumstances are likely to persuade a judge that alternative sentencing is a more appropriate penalty than jail or prison and will advocate for his or her client accordingly.

A California domestic abuse charge such as “criminal threats” jeopardizes an individual’s reputation, career, family and freedom the minute the accusation is made, especially when a jail or prison sentence awaits. Alternative sentencing can make all the difference, which is why it is imperative that an individual facing a criminal threats charge hires an attorney who is familiar with available sentencing alternatives and knows how to effectively argue for their application. The outstanding attorneys at The Kavinoky Law Firm will do their best to help keep their clients out of jail or prison by proposing creative alternative sentencing options that meet each client’s needs. A skilled defense lawyer can explain the complexities of a California criminal threats prosecution during a free consultation.

Defenses to Violating a Protective Order

There are many effective defense strategies available to fight California domestic violence charges such as violation of a protective order. Protective orders are issued by courts in domestic abuse cases to bar offenders from engaging in specific acts of abuse, re-entering their own homes, or behaving in certain ways.

Any intimate partner can be charged with a California domestic abuse offense, including straight or gay individuals who are married, divorced, living together, have children together, or who are dating or were formerly dating.

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 penalty of one year in jail and a $1,000 fine. If the violation results 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. California courts may even punish an offender for violating an order in California that was issued in another state.

The good news is that there are many effective defenses in domestic abuse cases. In an effort to acquit the accused, a good defense attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because injury is not a requirement when charging an individual with violating a protective order, any physical evidence and/or eyewitness testimony that supports or negates the charge can be critical to either party. Depending on the circumstances, a good defense lawyer will attempt to either discredit both or alternatively make them favorable to the defense. Similarly, if the protected party sustains no injury and there is no documented proof of the violation or any credible eyewitnesses to the violation, the defense attorney may argue that there is insufficient evidence to prosecute the defendant. A skilled attorney will also know how to address mitigating circumstances that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Some other defenses to this crime include legality (was the protective order issued for a lawful purpose?) and knowledge (did the defendant actually know the order existed and have the opportunity to read and/or understand its contents?). Self-defense or the defense of others could be a possible defense, depending on the circumstances surrounding the alleged violation. When an experienced domestic violence attorney reviews the facts of the case, he or she knows how to spot the issues that could ultimately defend his or her client and how to most effectively present them to the court.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the protected party (or so-called “victim”) makes false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

An intimate partner abuse charge such as violating a protective order jeopardizes the defendant’s reputation, livelihood and freedom. In an aggressive effort to acquit their clients, the knowledgeable defense attorneys at The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. An experienced defense lawyer can outline an aggressive strategy to defend California domestic violence charges during a free consultation.

Domestic violence courts

As California is becoming stricter with its intimate partner abuse offenders, courts throughout the state, including those in Los Angeles County, have responded by developing special courts and procedures for both civil and criminal domestic violence cases. The major feature that domestic violence courts share is that they seek to enhance victim and child safety and ensure batterer accountability.

In short, this means that they are ready and willing to listen to everything that the complaining witness has to say and to “throw the book” at the accused. This is why it is critical to hire an experienced criminal defense lawyer who can keep the case in a traditional criminal court if possible or, if not, who is at least familiar with these courts and knows how to deal with the bias inherent within this system.

Domestic violence courts hear cases where the parties are intimate partners. Intimate partners include persons who are married, divorced, living together, have children in common, and who are or were dating. These cases apply to heterosexual and same-sex couples.

Battery against an intimate partner (more commonly called spousal abuse), sexual battery, intimidating an intimate partner, and willful infliction of injury on an intimate partner are the types of charges that may land a defendant in a California domestic violence court.

Domestic violence courts assign judges to hear special domestic abuse cases. These courts are much more in tune with how to gather all relevant information on the family before them so that the judge has a complete understanding of all the issues with which the family is dealing. Staff members help educate victims on child support and safety issues. The staff may offer counseling, housing assistance, drug treatment, referrals to social services as well as other resources depending on the needs of the family. These courts often provide victims with referrals for job training, child-care, mental health counseling, emergency medical services, temporary shelter, and the assignment of an advocate. They are victim-friendly and ruthless to the offender.

These courts monitor the progress of all family members much more closely and intervene more frequently than a traditional court would. They focus on holding the offender accountable. This means that the court conducts frequent periodic reviews, imposes heavy sanctions for noncompliance with its orders, and coordinates probation and batterer intervention programs, receiving any information that sheds a negative light on the defendant. In addition, the domestic violence court judges are well trained and have an increased level of awareness on the impact and harm to children exposed to domestic violence and decide child custody issues as well.

If a defendant’s case is sent to a California domestic violence court, all hope is not lost. An experienced criminal defense lawyer who is familiar with these courts is the key to a successful defense. Hiring a skilled, knowledgeable attorney from The Kavinoky Law Firm will help ensure that a case isn’t simply “processed” through the system with the usual bias that the court holds against a defendant. An aggressive defense attorney knows how to navigate the system with ease, argue all possible defenses and make sure that the judge and jury not only hear the defendant’s side of the story, but believe it as well.

Domestic violence convictions carry severe penalties, ranging from heavy fines to losing one’s freedom in jail or prison, to having one’s children removed from his or her home. To best avoid these consequences, contact an attorney from The Kavinoky Law Firm today for a free consultation and to secure the best defense available.

Physical Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that applies to intimate partners. California considers any individuals who are married, divorced, cohabiting, have children together, or who are currently or were formerly dating to be intimate partners. These laws apply to both straight and gay couples. Protective orders are issued by the court and prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way.

Anyone who intentionally violates a protective order in a California domestic abuse case can face a misdemeanor charge punishable by a maximum penalty of a one year jail sentence and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time.

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). As a result, many cases involving this crime are based on “he said, she said” allegations unless there is some physical evidence of the violation.

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. Common types of physical evidence in a violation of a court order case include letters written to the protected party, injuries to the protected party and damage to personal property.

When such evidence exists, and can be verified by someone with experience in evidence analysis, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, an experienced defense attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into a violation of a protective order trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Violating a protective order is a serious charge, with severe and possibly even life-altering consequences. If facing this charge, it is critical to hire an attorney who is experienced in this special area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect.

 

Domestic battery, more commonly called “spousal abuse” or “spousal battery,” is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual, and married, divorced, living together, have children in common, dating or formerly dated. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

In this, as well as many other intimate partner abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship. Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic battery cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in domestic abuse trials, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence was his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime (and therefore becomes a defendant), battered person’s syndrome may be introduced as a defense to the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was necessary to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor then argues that the “victim” has recanted the allegations because the victim feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at The Kavinoky Law Firm have the training and experience to handle any battery case. They have successfully defended countless cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. Click here for a free consultation and to secure the best representation available.

Domestic Violence, Expungement, & Firearm Rights

Individuals convicted of a misdemeanor crime of domestic violence, or MCDV, are prohibited by federal law from possessing or transporting any firearm or ammunition. However, those firearm rights can be restored if the conviction is expunged from the record. The experienced post-conviction relief lawyers of The Kavinoky Law Firm are skilled in every aspect of obtaining expungements and restoring the rights of individuals convicted of misdemeanor domestic abuse offenses.

Misdemeanor domestic violence offenses that qualify for firearm rights restoration after expungement are those federal or state offenses that include the use or attempted use of deadly force or threats of using a deadly weapon. Domestic violence law covers current and former spouses and live-in boyfriends and girlfriends, heterosexual and gay couples, parents of children, and parents and guardians.

Certain individuals won’t necessarily need an expungement to restore rights such as firearm possession. These exceptions include anyone who was convicted without being represented by an attorney, or who was entitled to a jury trial and didn’t receive one, unless the individual expressly waived those rights. Also, if an individual was pardoned or otherwise had his or her civil rights restored, no additional action is necessary.

However, if the offense was previously expunged or pardoned or civil rights were restored with express provisions about weapons possession, the individual still cannot own, possess or transport firearms or ammunition. Also, the individual may be otherwise prevented by local, state or federal law from possessing firearms.

However, many individuals convicted of California misdemeanor domestic violence offenses can have firearm rights restored through the process of expungement. The skilled California domestic violence attorneys of The Kavinoky Law Firm will fight aggressively to restore individual rights after a domestic abuse conviction. Contact them today for a free consultation.

Infliction of Injury

Willful infliction of injury is a California domestic violence offense that applies to intimate partners. “Intimate partners” describes a wide range of relationships – the individuals may be married, divorced, living together, former cohabitants, and/or have children together. The laws apply to both straight and gay couples. Any individual who willfully inflicts an injury, no matter how minor, upon an intimate partner can face felony charges punishable by up to four years in prison and a fine of up to $6,000. A defendant can be charged with infliction of injury even if he or she barely touched the intimate partner.

California domestic violence law forbids a defendant charged with infliction of injury from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

During a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of a domestic violence case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge 10% of the bond amount as his fee. The bondsman may also require collateral (which is usually a car, house or something else of great value) to secure the bond. That means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

An intimate partner violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made.

Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Domestic Violence Emergency Protective Orders

An Emergency Protective Order (EPO) is one type of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who is being abused by an intimate partner may obtain an Emergency Protective Order to aid in his or her protection against the abuse.

In California, each court has an appointed judicial officer who is authorized to issue protective orders even when the courthouse is not open. Throughout this state, when a police officer responds to an intimate partner abuse call, he or she can call a judge at any time of the day or night to request an Emergency Protective Order if he or she feels that a victim is in imminent danger. Emergency Protective Orders are designed to protect victims and their children from the domestic abuser. The protective order is enforceable throughout the state of California by any law enforcement officer who is shown a copy of the order by the protected party. An EPO lasts for five to seven days, allowing the individual enough time to go to court to request a longer Temporary Restraining Order. Before that time, it is recommended that the victim contact an attorney experienced in dealing with California domestic violence matters to successfully obtain that order.

Through an Emergency Protective Order, a judge can order that the restrained person leave the home, stay away from the protected person or persons, and not see his or her children, at least on a temporary basis. In order to issue an EPO, a judge must reasonably believe, based on a law enforcement officer’s assertions, that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence.

Once an Emergency Protective Order is issued, it is imperative that the restrained individual hires a skilled attorney to defend against a more restrictive, more permanent restraining order. A more permanent protective order issued against an accused severely impacts the relationships with his or her spouse, children, family and friends. In addition, if a restrained person is found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer from The Kavinoky Law Firm will not only help tell the accused’s side of the story but will ensure that it is heard as well.

The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the process with their clients. They maintain an excellent reputation for treating their clients with understanding and respect, which is only surpassed by their success rate. Click here for a free consultation.