Domestic violence counseling

In California, when a defendant is convicted on a domestic violence charge, he or she will usually be sentenced to a batterer’s class as a condition of probation. The classes that the court requires are held once a week for a year, although anyone can attend more frequently. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To achieve this goal, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

In addition to mandating a batterer’s class, if the court finds evidence that the defendant was using alcohol or drugs at the time of the violent episode (which, according to domestic violence statistics, is often the case), it may order that the defendant additionally attend a specified number of Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings which are free of charge.

Experienced criminal defense lawyers like those at The Kavinoky Law Firm are sympathetic to what their clients are going through when charged with intimate partner abuse. They have successfully defended countless California domestic abuse cases, treating each client with respect and compassion. In situations where the defendant was placed on probation, they helped ensure that their client followed through with each condition of probation so that he or she would ultimately be able to apply to have their criminal conviction expunged. They have many resources available to them to aid their clients in fulfilling their probationary conditions as conveniently as possible.

Counseling is also available to victims of domestic abuse. Victims of intimate partner violence require special care and treatment. Services frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner. The goal of this therapy is to empower the victim to leave an abusive relationship behind in order to secure his or her safety and the safety of involved children.

Oftentimes the accused has also been the victim of abuse by his or her partner. Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both abusers and both victims. This fact applies to both men and women involved in heterosexual and homosexual relationships. When such is the case, it is important that the accused also receives counseling as a victim. The caring attorneys at The Kavinoky Law Firm become closely involved with their clients to make sure they are receiving all appropriate outside assistance. They have referrals for all types of counseling services, regardless of gender or sexual orientation, and they will ensure that their client is referred to an appropriate class where his or her native language is spoken.

Being arrested on a California domestic abuse charge is a serious matter with serious consequences. Trying to navigate this very technical and complex area of the law without the best legal representation is a mistake that can have devastating consequences. Hiring a skilled attorney from The Kavinoky Law Firm as soon as possible after a domestic violence arrest is imperative to a successful defense. Click here for a free consultation.

Professional Licensing Restrictions and the Violation of a Protective Order

Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order. Intimate partners can be straight or gay and may be married, divorced, living together, have children in common, or currently or formerly dating.

California courts often issue protective orders in domestic abuse cases that bar the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. 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 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 additional mandatory jail time.

When an individual is convicted for this domestic abuse crime, there are several mandatory penalties that will be imposed and other penalties that may be imposed. One of the possible consequences that a defendant convicted of violating a court order may face is a restriction on his or her professional license.

Under California law, a licensing board may suspend or revoke a license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. It does not matter whether the conviction was the result of a jury trial, a guilty plea, or a no contest plea. This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards that maintain their own standards and practices related to disciplining their license-holders that may be even more restrictive.

In order to defend against a professional license restriction, it helps to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a conviction for violating a protective order (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney may recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

If either arrested for violating a protective order or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at The Kavinoky Law Firm can answer any questions about professional license restrictions or any other aspect of a California domestic violence charge during a free consultation.

 

The Definition of Domestic Battery

Domestic battery, is a California offense also known as “spousal abuse” or “spousal battery.” Under California law, battery is a domestic violence crime that applies to intimate partners. Intimate partners can be of opposite or the same genders, married, divorced, living together, have children in common, or be dating or formerly dating.

Battery is a “wobbler” offense, meaning that it can be charged either as a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery is punishable by a maximum one-year jail sentence and a $2,000 fine.

An individual can be charged with domestic battery even if he or she used only the slightest force. Any unwanted physical touching can result in a misdemeanor battery charge. However, if an individual suffers serious injury, such as broken bones, loss of consciousness or a concussion, the offense will likely be charged as a felony punishable by a maximum of four years in state prison.

Every crime has specific elements that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “not guilty.” In order to find the accused guilty of “spousal battery”, the prosecutor must prove three elements.

The first element is that the accused used force or violence upon another. Note that this element doesn’t make any mention of injury. This is because a battery is simply any unwanted touching and has nothing to do with whether or not an injury was sustained by the offended party. The jury must only find that the defendant actually touched the accuser.

The second element is that the use of the force or violence was willful. “Willful” means that the individual had the willingness or desire to use force. Willingness has nothing to do with the amount of force used or the physical result of the force, it only deals with the willingness to simply do the act. In a situation where the accused willfully used the force in self-defense or in the defense of others, he or she is not guilty of a battery. It is the prosecutor’s burden to prove that the willful force was unlawful and not for self-defense or in the defense of others.

The final element that must be proved is that the accused and the accuser were intimate partners at the time of the alleged offense. This means that as long as the parties met the definition of “intimate partners” as defined above (which includes being married, divorced, separated, living together or formerly living together, having children in common, dating or formerly dating) at the time of the battery, the defendant may be convicted of this charge. It is important to remember that the definition of intimate partners includes heterosexual relationships as well as same-sex partnerships.

In a domestic abuse battery case where the victim suffered from serious bodily injury, there is an additional element that must be proved. The prosecutor must be able to show that the injury that the victim sustained was a result of the force or violence that was used by the accused. In other words, it must be proved that the injury wasn’t self-inflicted or caused as the result of an accident.

A California domestic battery accusation is a very serious matter. Facing a domestic violence charge can be devastating emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless intimate partner abuse cases, contact the experienced attorneys at the Kavinoky Law Firm for a free consultation.

California’s domestic violence crimes fall under three categories: Misdemeanors, felonies and what are known as “wobblers.” Misdemeanors are crimes that are punishable by fines and/or up to one year in a county jail. Felonies are crimes that are punishable by fines and/or incarceration in a state prison. Wobblers are crimes that, depending on the circumstances that surrounded the alleged incident, may be prosecuted as either a misdemeanor or as a felony. The expungement of a domestic abuse conviction is possible but will depend on how the crime was charged.

Expungement refers to the cleansing of one’s criminal record. It is a process by which one’s court file is sealed and it allows an individual to honestly claim, under most circumstances, that he or she has never been convicted of a crime. Expungement is most helpful to individuals who are seeking employment, housing, higher education and simply peace of mind.

Persons convicted of Domestic Violence offenses, whether they were sentenced as misdemeanors or as felonies without prison time, are entitled to an expungement. If probation was granted in a misdemeanor conviction or in a felony conviction where a prison sentence was not imposed, the individual may be entitled to withdraw his or her plea of “Guilty” or “No Contest” and enter a plea of “Not Guilty” or may have a “Guilty” verdict set aside if he or she was convicted following a trial. Either way, the court must dismiss the charge if the defendant’s probation was terminated early or if he or she fulfilled all of the probation terms, and is not serving a sentence for any other offense, on probation for any other offense or charged with any other offense. If, however, while on probation, the offender incurred a probation violation, the court may decide whether or not to dismiss the charge. For strategic reasons, a skilled criminal defense lawyer will first ask the court to reduce a felony conviction that is a “wobbler” to a misdemeanor before asking the court to dismiss the charge.

It should be noted that even if a conviction is expunged, there are certain times that it will still be relevant and/or must be disclosed. For example, an individual must still report his or her conviction if he or she is applying for public office, for licensure by any state or local agency or for contracting with the California State Lottery. In addition, expungement does not lift the requirement that a registered sex offender must remain registered for life or lift any firearm restrictions that were imposed upon conviction. Finally, if a person subsequently suffers another DV conviction, the prior conviction will still be used to increase the sentence in the pending case if the defendant is ultimately convicted.

An individual with a felony intimate partner violence conviction that resulted in a state prison sentence will seek relief through a Certificate of Rehabilitation and Pardon. This certificate is applicable to an individual who has lived in California for at least three years and who leads an honest life, free from any additional criminal convictions for a specified period of time, depending on the intimate partner abuse crime that he or she committed. If granted, the certificate is forwarded by the court to the Governor and acts as an application for a pardon. A Governor’s Pardon will only be issued when an individual demonstrates that he or she is reformed and has become a useful, productive member of society.

Only a qualified criminal attorney should petition for expungement or for a Certificate of Rehabilitation and Pardon. The experienced attorneys at The Kavinoky Law Firm specialize in California domestic violence law and know all of the evidentiary issues, both pre-trial and post-conviction, that are applicable to this technical area of the law. For unparalleled assistance in cleansing one’s domestic abuse conviction, contact The Kavinoky Law Firm today for a free consultation.

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be married or divorced, living together or formerly living together, or have children in common. The law applies to both heterosexuals and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

With the proof of injury set so low and the consequences of a conviction set so high, facing an infliction of injury charge is no joke. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at The Kavinoky Law Firm have successfully defended countless individuals in infliction of injury cases. They receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 call evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner abuse cases are one of those exceptions. California has decided that hearsay statements, including 911 telephone calls, are relevant in domestic violence cases. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy. Nonetheless, these statements are admissible into evidence and in a vigorous effort to convict the defendant, the prosecutor will seek to have the officer who took the complaint read the alleged victim’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. As with all areas of the law, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner violence case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at The Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in an infliction of injury case. Whether the allegation stems from an intense, emotional dispute that took a turn for the worse, from a false report, or from a simple mistake, professional guidance can help ease a difficult situation. When things are at their worst, the attorneys from The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Domestic Violence Civil Protective Orders

Civil Protective Orders are one type of protective order available to victims of domestic violence. In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

Unlike their criminal counterparts, a civil protective order doesn’t require that the person seeking the order and the restrained individual share an intimate relationship, even though they often do. Although it is common for a victim of intimate partner abuse to file for a Criminal Protective Order, it is advisable that he or she applies for a Civil Protective Order as well. A skilled attorney can help explain the importance of having both orders and will aid in the requesting party in successfully obtaining them.

Although Civil Protective Orders and Criminal Protective Orders can offer the same protection to victims of domestic abuse, the proof necessary to obtain the orders is different. When requesting a Criminal Protective Order, the individual seeking protection doesn’t need to be a victim of actual violence. For example, the requesting party can obtain the order if he or she is a victim of harassment, disturbing telephone calls, unwanted e-mails or verbal abuse. However, when requesting a Civil Protective Order, the individual seeking protection must prove that he or she is the target of actual violence or is reasonably in danger.

The process for obtaining a Civil Protective Order is almost identical to obtaining a Criminal Protective Order, except that the requesting party applies for a civil harassment order instead of a domestic violence protective order. Another difference is that there may be a fee for applying for a civil protective order whereas the fee for a domestic violence protective order is waived. Both processes involve an application for a Temporary Restraining Order and then an “Order To Show Cause” hearing to determine if the order is warranted. In the civil process, there must be reasonable proof that the accused is guilty of the abuse.

In general, a Civil Protective Order will prohibit the restrained individual from coming within a certain number of yards from the protected party. However, depending on the circumstances, the order can be much more restrictive and can include the same protections available under a Criminal Protective Order. Unless a specific end date is listed, the order will expire three years after being issued, which is another difference between the criminal and civil order. A criminal order may expire based on the occurrence of specific situations, where a civil order will not expire until the stated date.

Whether an individual is the victim or the alleged abuser, hiring an attorney who is experienced in California domestic violence law can help either side get his or her desired outcome at the Order To Show Cause hearing. The victim desiring the order may want to hire an attorney who will help ensure that his or her imminent danger is effectively communicated to the court. The individual who is defending against the order should hire a criminal defense lawyer to make sure that the judge hears both sides of the story and doesn’t blindly process the order out of habit. 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 criminal court process with their clients. Their reputation for treating their clients with compassion and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.

Physical Evidence in a Sexual Battery Case

Sexual battery is a California domestic violence offense that can be charged against intimate partners. California defines intimate partners in domestic abuse cases very broadly – they may be straight or gay, married, divorced, cohabitating, have children together, or be currently or formerly dating.

Anyone who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery. “Touching” can mean any type of physical contact, however slight, and can occur directly or through the clothing of either partner. This offense can be charged even against partners involved in an ongoing relationship. Sexual battery can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

Unfortunately, many partners are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of sexual battery when it didn’t occur or accuses the partner of causing an injury that, in fact, wasn’t his or her fault.

When this type of situation arises, DNA evidence plays a vital role. When faced with a sexual battery charge, it is important to hire an attorney who is experienced with all aspects of a California intimate partner abuse case, including the many types of evidentiary issues that often arise in connection with this crime. The skilled criminal defense lawyers at the Kavinoky Law Firm receive ongoing training in domestic violence trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition. They have successfully defended countless individuals who faced sexual battery charges, protecting them from the devastating consequences that the charge carries.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each cell, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA.

This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in a sexual battery case, if an alleged abuser’s DNA evidence, such as semen, saliva, blood or skin tissue, is found on the alleged victim’s body or clothes, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed with DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing the severe consequences inherent within a sexual battery conviction. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this complex and technical area of the law and can outline an effective strategy during a free consultation. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client.

Classes and resources for perpetrators and victims of intimate partner stalking in California

Stalking will be prosecuted as a crime of domestic violence in California when the accused follows or harasses and threatens his or her intimate partner with the intent of placing that partner in fear. Intimate partners are heterosexual and homosexual partners that are married, divorced, dating, formerly dating, living together or who have children together. Although stalking isn’t always a domestic abuse crime, it will be treated as such if committed against one’s intimate partner and is punishable as a misdemeanor by up to one year in the county jail and/or a maximum $1,000 fine or as a felony by up to one year in the state prison. While that is the maximum prison/jail sentence and fine that can accompany a first time stalking conviction (a person with aggravating factors and/or prior convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender.

To help rehabilitate an individual who has been accused or convicted of stalking his or her intimate partner, California offers many different types of classes and other resources that are readily available to anyone seeking help. The state also has numerous resources that are available to victims of intimate partner stalking as well as other types of intimate partner abuse as well.

The purpose of programs that target the offender is to help the individual learn to stop his or her stalking, and possibly other abusive behaviors. Intensive counseling, batterer’s classes, hotlines and websites are all available to help the offender who desires to change his or her ways. These services are available to everyone, regardless of sexual orientation, religion, ethnicity or financial status and are provided in numerous languages. The compassionate attorneys at the Kavinoky Law Firm are dedicated to helping their clients get the help they need to steer-clear of further legal troubles. They can recommend classes and additional resources to people who need help controlling their anger, managing their stress or dealing with other personal issues.

Classes and resources are also available to those who are victims of stalking by their intimate partners. Education is the key not only to ensuring one’s safety but also to gaining awareness about how to effectively deal with an intimate partner’s stalking behavior. The trusted attorneys at the Kavinoky Law Firm can help a victim of D.V. stalking apply for a protective order and can also refer that individual to additional services that meet that individual’s needs. Great resources can also be accessed online and include the Stalking Resource Center found at www.NCVC.org or at (800) FYI-CALL and The Stalking Victim’s Sanctuary found at www.StalkingVictims.com.

In addition to stalking resources, there are general intimate partner violence websites that both partners who are affected by domestic violence may find helpful. SAFE (Stop Abuse For Everyone), found at www.Safe4All.org lists numerous programs offered throughout California and is a tremendous resource. Another great resource is the National Domestic Violence Hotline found online at www.NDVH.org or at 1-800-799-SAFE.

The bottom line is that help is available to those who seek it. The caring criminal defense lawyers at the Kavinoky Law Firm have helped many individuals and couples locate the types of services that best meet their needs. For more information about stalking or about intimate partner abuse in general, click here for a free consultation.

The requirements of a court ordered domestic violence batterer’s class

In California, when a crime is committed against one’s intimate partner, it will be treated as a crime of domestic violence. An intimate partner is one’s boyfriend or girlfriend, one’s former boyfriend or girlfriend, one’s spouse or former spouse, the person with whom one has children, the person with whom one is living or the person with whom one formerly lived. Intimate partners are both heterosexual and homosexual partnerships. It therefore follows that if one pursues or harasses and threatens his or her intimate partner, intending to place that partner in fear, he or she will be charged with stalking as a domestic abuse crime in California.

When an individual is placed on probation for committing any intimate partner abuse crime in California, he or she will be ordered to complete certain requirements while on probation. One of those requirements is participation in a batterer’s class. As part of probation, the defendant will be required to attend at least 52 weekly two-hour classes and, in the end, will be evaluated based on his or her progress.

The goal of a batterer’s class for someone who has been convicted of D.V. stalking is to get that individual to stop his or her behavior and to hopefully prevent further occurrences of stalking or other types of abusive conduct. The classes are virtually the same throughout the state and must follow certain guidelines regarding course conduct and the manner in which the classes are taught. Examples include, but are not limited to, lectures, classes, group discussions and counseling. They are conducted in all male or all female settings and are appropriate for all people, regardless of their sexual orientation, ethnic backgrounds or financial status.

Batterer’s classes are mandated by the state to ensure that a defendant receives the same education, regardless of where he or she resides. Each program must address strategies that hold the defendant accountable for his or her abusive role in his or her relationship, must maintain an alcohol and drug free environment and must examine gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others. Class facilitators are supposed to have specific knowledge about intimate partner abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law and the legal system.

Batterer’s classes, if successful, will ultimately teach the defendant that stalking his or her intimate partner can be devastating to that partner, as stalking victims live in constant fear and can feel very isolated. The participant will learn that it is unhealthy to try to control a relationship through intimidation or threats and will learn positive ways to control his or her emotions and ways to help empower his or her partner to restore balance within the relationship.

Progress reports will be provided to the court on a regular basis and at the end of the program. If the class facilitator feels, at any time, that the defendant’s participation is unsatisfactory, he or she can suggest removing the defendant from the program. If that happens, the defendant will likely be ordered by the court to participate in a different type of more intensive counseling and/or will be sentenced to more jail or prison time. A good criminal defense lawyer will help the defendant comply with all of his or her requirements to avoid further punishment.

The compassionate attorneys at the Kavinoky Law Firm do their best to help their clients through difficult times. They understand that meeting the class requirement may be the most difficult part of probation for some of their clients to fulfill and will try to make it as easy and convenient for them as possible. To speak to an attorney about a stalking charge, a batterer’s class or about any other legal matter, click here for a free consultation.

Violations of a Protective Order

Violation of a protective order is a California domestic violence crime that applies to intimate partners. Intimate partners may be straight or gay and can be married, divorced, cohabiting, have children together, or be currently or formerly dating.

Protective orders issued by the court prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. An intentional and knowing violation of a protective order is a misdemeanor charge punishable by a maximum penalty of a one year jail sentence 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 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. California courts will even punish an offender for violating an order in California that was issued in another state.

When a suspect is arrested for violating a protective order, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the suspect made threats to kill or harm, engaged in violence against, or has gone to the protected party’s home or office, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is 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 to determine whether to raise or lower the bail amount or to release the defendant on his or her own recognizance (OR). 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 an intimate partner abuse 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: either 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 ten percent 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. This 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 arrest made for violating a protective order is serious, as a conviction carries severe penalties. Because California is so strict with its domestic violence offenders, it is critical to contact a skilled California defense attorney immediately after being arrested to begin preparing a defense. 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.