Punishment Associated with a California Domestic Violence Criminal Threats Conviction

Domestic violence crimes in California include all crimes in which the victim of the crime was an intimate partner of the offender. Intimate partners include heterosexual and same-sex couples that are married, divorced, living together, have children together, dated and formerly dated. As a result, making criminal threats against one’s intimate partner will be prosecuted as a domestic abuse crime.

“Criminal threats” can be charged if an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in death or serious bodily injury to that partner. This crime may be charged even if the accused didn’t actually intend to follow-through with the threat, so long as the partner believed that the threat was real and reasonably feared for his or her safety as a result. Depending on the circumstances that surround the threat, the charge may be filed as a misdemeanor or felony, punishable by up to one year in the county jail or state prison.

While imprisonment is the most severe punishment involved in a criminal threats conviction, it certainly isn’t the only penalty that the defendant faces. It is also important to keep in mind that in addition to the extra sentencing requirements that follow below, aggravating factors will most likely invite an even stiffer prison sentence.

Probation is usually offered to a defendant convicted of making criminal threats. Probation generally lasts for at least three years and, depending on whether the case was prosecuted as a misdemeanor or a felony, will either be formal, which means that the defendant frequently reports directly to a probation officer, or informal, which means the defendant periodically updates the court with progress reports.

When probation is imposed, there are certain mandatory terms of probation that apply to all California intimate partner abuse crimes. There are some procedural-type requirements that are usually dealt with immediately. The first requirement is that the defendant must go through the “booking process” if he or she wasn’t booked upon arrest. Booking includes being fingerprinted, photographed and entered into a criminal database. The second condition is that a criminal protective order will be issued against the offender. The restrictions imposed on the restrained individual will vary depending on the circumstances that surrounded the charged incident.

Probation also includes some conditions that are designed to both rehabilitate and punish the offender. A defendant convicted of D.V. criminal threats, who is granted probation, will be required to attend at least 52 weekly batterer’s classes for at least one year. The court will also order the accused to pay a fine payable to various domestic violence funds.

Professional licensing restrictions may also face an individual who was convicted of making criminal threats against his or her intimate partner. Depending on the defendant’s career, if he or she holds a professional license, there is a chance that it could be suspended or revoked if the licensing board feels that making criminal threats is substantially related to his or her job. Having a qualified attorney to help defend against a possible license restriction is encouraged, as professional representation will know the appropriate arguments to make to prevent such a restriction or revocation.

Civil liability may also face a defendant who was charged with making criminal threats against his or her intimate partner. In civil court, a convicted defendant would face additional heavy fines and would be restrained by a civil protective order but would not face any additional jail or prison time.

“Criminal threats” has serious consequences. In order to ensure the most comprehensive defense, it is vital to hire one of the skilled attorneys at The Kavinoky Law Firm who has experience not only with this specific charge, but with intimate partner violence cases as well. An experienced defense lawyer can answer any questions about domestic abuse charges and professional license restrictions in California domestic violence cases during a free consultation.

Eyewitness Accounts in a Violation of a Protective Order Case

Eyewitness accounts can be a crucial element of violation of a protective order cases and other California domestic violence prosecutions. Because of the intimate nature of domestic violence, most offenses occur outside the presence of witnesses. As a result, many intimate partner abuse cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove that the accused violated his or her court order.

Protective orders can be issued against any intimate partner in a California domestic abuse case. Intimate partners may be straight or gay and can be married, divorced, cohabiting, have children together, or be currently or were formerly dating. Protective orders include orders issued by the court that 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 be charged with a misdemeanor punishable by a maximum of one year in jail 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.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, but rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Domestic abuse cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the violation, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were charged with violating protective orders. They are familiar with all aspects of California’s intimate partner violence laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’s criminal history to uncover any past conduct that could be considered relevant in weighing that witness’s credibility. A knowledgeable attorney will effectively cross-examine prosecution witnesses in the case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the “kiss of death” to a defendant facing a domestic abuse charge. When charged with violating a court order (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is experienced in witness preparation and who excels in cross-examination. The attorneys at The Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. A skilled lawyer can outline an effective defense strategy during a free consultation.

In California, domestic violence is any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

DNA Evidence and Infliction of Injury

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.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubled 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 filing a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her 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 an infliction of injury 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. 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 in infliction of injury cases, 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, 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 an infliction of injury case, if an alleged abuser’s DNA evidence, such as 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 in 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 an infliction of injury conviction. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client. Click here for a free consultation and for the best representation.

California Domestic Violence Criminal Protective Orders

A Criminal Protective Order is one of the different types 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 has been abused by an intimate partner may apply for a Criminal Protective Order to indefinitely aid in his or her protection against the abuser.

A Criminal Protective Order is the most permanent type of restraining order that California offers. When it is initially issued, it may last up to five years although, upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the victim has a reasonable fear that the restrained person will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidents of abuse are not necessary in order to get the order extended, and that the court reserves the right to modify the order if appropriate.

Under a Criminal Protective Order, a judge may prohibit an intimate partner abuse offender from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, or in any way contacting his or her partner or other specified people. The order could also exclude an offender from his or her home or from the home of his or her children. Additional specified behavior may also be prohibited under the court’s order.

If a victim of intimate partner abuse wishes to obtain a Criminal Protective Order, he or she must first file for a Temporary Restraining Order. A victim may request a Temporary Restraining Order “ex-parte,” which means that the partner does not need to be present. The order is usually granted the same day that it is requested and lasts until the “Order To Show Cause” hearing. An Order To Show Cause hearing takes place about two to three weeks after the Temporary Restraining Order is issued and allows both parties to explain why the order should be extended or revoked. Depending on the evidence presented after hearing from both parties, the judge may decide that a Criminal Protective Order is appropriate.

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 simply 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, discretion and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.

Eyewitness Accounts in a Sexual Battery Case

Touching another person for the purposes of sexual arousal can lead to a charge of sexual battery in California domestic violence cases among intimate partners. California law defines intimate partners as individuals who are married, divorced, living together, have children together, or who are dating or formerly dating. They can be heterosexual or same-sex couples.

Any type of physical contact, however slight, can be considered touching, regardless of whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner involved in an ongoing relationship. The crime 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.

Because of the intimate nature of sexual battery, most offenses occur outside the presence of witnesses. As a result, many sexual battery cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Sexual battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the account, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced sexual battery charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’ criminal history to uncover any past conduct that could be considered relevant in weighing that witness’ credibility. A knowledgeable attorney will effectively cross-examine witnesses in a sexual battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the kiss of death to a defendant facing a domestic abuse charge. When facing a sexual battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at the Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win! Don’t hesitate to contact them today.

Battered person’s syndrome and its effects on the accused in a California domestic violence stalking trial

Stalking, in California, will be charged as a domestic violence crime when it is committed against one’s intimate partner. Intimate partners are persons, regardless of their sexual orientation, who are married, divorced, dating, formerly dating, living together or who have children in common. When an individual willfully and maliciously follows or harasses and threatens his or her intimate partner with the intent of placing that partner in fear, he or she will be charged with stalking as a domestic abuse crime.

In an intimate partner abuse stalking trial, a recognized psychological condition known as the battered person’s syndrome, more commonly called battered woman’s syndrome, battered women’s syndrome, B.W.S. or BWS, may be introduced as evidence against the defendant to explain the victim’s behavior or actions. This condition is commonly introduced when the victim either recants his or her allegations or refuses to cooperate with or testify for the prosecution.

Battered person’s syndrome is a theory that explains why abused individuals don’t leave their abusive intimate partners. Although the theory was developed with victimized women and abusive men in mind, it applies to both heterosexual and homosexual men and women who are victimized by their intimate partners. The syndrome explains that a severely or consistently victimized person will be unable to leave his or her partner because he or she will have been conditioned to feel helpless and will feel that escape is impossible and that the abuse is inevitable. The abused partner basically blames him or herself for the abuse.

In a stalking case that was filed as an intimate partner abuse crime, the prosecutor may hire an expert witness who will testify about the effects of the battered person’s syndrome if the alleged victim either refuses to testify or changes his or her story from the original allegations that were made to the police or prosecutor. When this type of evidence is introduced, it is against the accused and basically paints a picture for the jury that the defendant has repeatedly and severely abused his or her partner. This is one reason why it is critical for a person accused of D.V. stalking to hire a criminal defense lawyer who is familiar with battered person’s syndrome, should it and its effects be introduced at trial.

The experienced attorneys at the Kavinoky Law Firm specialize in intimate partner violence cases and have successfully defended countless individuals charged with stalking their intimate partners. They understand the many evidentiary issues that are frequently raised in these types of trials and know what arguments to make to try to exclude evidence that is damaging to their clients and how to downplay or refute the evidence if it is admitted. They work with a team of expert witnesses who they use to rebut battered person’s syndrome when it is introduced against their clients.

Battered person’s syndrome, the prosecutor’s expert will testify, is the reason that an alleged victim has recanted or refused to cooperate. The expert will tell the judge and jury that the defendant’s intimate partner has been so abused or threatened, that he or she has recanted out of fear for what the accused would do to that partner if he or she didn’t take back or deny his or her original accusation. If that testimony is given, a skilled defense attorney will have a defense expert witness rebut that testimony by offering the judge and jury the many legitimate reasons that an alleged victim may recant his or her original accusation.

The outstanding attorneys at the Kavinoky Law Firm receive training about battered person’s syndrome and how it can be introduced and refuted in an intimate partner stalking case, which has helped lead to their impeccable reputation. If charged with stalking an intimate partner, click here for a free consultation.

Stalking as a California Domestic Violence Crime

Stalking, when committed against one’s intimate partner, will be prosecuted as a domestic violence crime in California. California defines intimate partners as married, divorced, dating, formerly dated, having children together or living together, regardless of whether they are heterosexual or same-sex partnerships. When an individual willfully, maliciously and repeatedly follows his or her intimate partner and makes a threat, intending to place that partner in fear, he or she faces up to one year in jail and a $1,000 fine, depending upon whether it is charged as a misdemeanor or a felony. The prison time would be at least two years and as many as four years if the accused commits this crime while named in a protective order or may be raised to a maximum of five years if he or she has a prior conviction for stalking or prior convictions for infliction of injury, violation of a protective order or for making criminal threats.

California law prohibits an individual who has been charged with stalking to be released from custody without first having a bail hearing. At a bail hearing, a judge considers the defendant’s flight risk, his or her prior criminal history, the increased risk to the victim of the crime and the facts of the pending case to determine whether to release the defendant on his or her own recognizance (commonly called OR) or to increase or reduce the scheduled bail amount. The defendant is more or less presumed guilty by the judge during this phase of the proceedings, which is why it is imperative that the defendant hires an experienced criminal defense lawyer from The Kavinoky Law Firm to help persuade the court that either reducing bail or releasing the defendant O.R. will best serve justice.

In an intimate partner abuse case such as stalking, a judge will typically deny an OR release, thereby requiring the defendant to post bail in order to get released from custody. He or she can either post cash bail or post a bail bond. Posting cash bail is rare, because few people have enough money to pay the full amount of their set bail. When cash bail is posted, it will be returned to the defendant within 60-90 days after the case is resolved if the defendant attended every single court appearance. If, at any time, the accused failed to appear for court, the cash bond may be forfeited to the court.

A bail bond is more typically used to post bail than cash bail. When obtaining a bail bond, the defendant enters into a contract with a bail agent. In exchange for a fee (usually 10% of the bail amount), the bail agent (or bondsman) agrees to post the full bail amount for the defendant. The agent will usually require additional “collateral” which is an item of great value, usually a house or a car, to further secure the bond. If the defendant makes all of his court appearances, at the conclusion of the case, the bond will be exonerated and the collateral will be released. If the defendant flees, his or her collateral will become the property of the agent.

Because the consequences of a stalking conviction are so serious, it is vital that the accused hires a skilled defense attorney as soon after his or her arrest as possible so that the attorney can fight for the defendant throughout the entire criminal court process. The rules pertaining to a Domestic Violence stalking charge are specific and technical, which is why it is so important to retain representation that is experienced in this area of the law. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless individuals accused of stalking. To secure the best representation, click here for a free consultation.

Aggravating Factors with Violating a Protective Order

Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and accuser are intimate partners. California domestic abuse laws define “intimate partners” very broadly – they may be married or divorced, cohabiting, have children in common, or be currently or formerly dating. These laws apply to both heterosexual and homosexual couples.

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 and a $1,000 fine. Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her 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. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time.

There may be facts and circumstances that surround the alleged violation that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

There are two common aggravating factors that are frequently connected to violating a protective order. The first deals with injury. If the protected party sustained any physical injury (no matter how slight) as a result of the defendant violating the protective order, 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. There are circumstances, however, where the defendant would only have to serve 48 hours in jail, which is another reason why it is important to have professional legal representation. An experienced lawyer who is familiar with the intricacies of violating a protective order will attempt to persuade the court to reduce the mandatory 30-day sentence in the interests of justice, or may propose alternative sentencing as another option, based on the facts and circumstances of the individual case.

The other common aggravating factor seen in connection with violating a protective order is when the restrained individual owns, possesses, purchases or receives a firearm when his or her court order specifically prohibits such actions. The penalties are similar (a one-year maximum jail sentence and up to $1,000 in fines), with the difference being that the one-year sentence can be served in either jail or prison. Because of the seriousness that is inherent with firearm possession, a court may be more likely to impose a jail sentence under these conditions.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. An experienced attorney can answer any questions about a charge of violating a protective order during a free consultation.