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.

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.

Alternative Sentencing with a Conviction for Violating a Protective Order

California courts often issue protective orders in domestic violence cases that bar individuals from engaging in specific acts of abuse, re-entering their own homes, or even behaving in a certain way. 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 alleged victim are intimate partners. Intimate partners are married, divorced, cohabiting, have children in common, dating or were 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 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, possibly up to one year, 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 likely serve additional mandatory jail time.

Even though an individual faces up to one year in jail for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing and, as a result, can effectively fight to keep their clients out of jail.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In a case where the defendant has been convicted of violating a protective order, there are several options that may be imposed as an alternative to jail. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on a domestic abuse charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm can answer any questions about sentencing alternatives in California domestic violence cases during a free consultation.

Domestic violence and the military

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners: cohabiting couples, former spouses or fiancés/fiancées, people who are or were dating, and same-sex partnerships. The military, however, limits intimate partners to current spouses and has their own way of handling the problem. Although most military cases involve husbands abusing wives, there are cases where the husband is the victim.

A family abuse case will usually go one of two ways if a member of the military is involved: The case will either be handled by the military justice system or by the Family Advocacy Program.

Under the military justice system, the military commander is in charge of enforcing order and discipline. He or she does so within each unit by using methods ranging from mild administrative measures, including formal or informal counseling, to full-blown General Court Martial, where an individual can be sentenced to severe disciplinary action, including military discharge. This system is penalty driven.

The more common route, the Family Advocacy Program, is an identification, intervention, and treatment program, not a punishment system. It should be noted that information obtained under the Family Advocacy Program may be used as evidence in the military justice system if the case isn’t first settled within the program.

Under family advocacy, military officials assess the alleged abuser to determine whether the individual would benefit from treatment and, if so, what treatment would be appropriate. As for the victim, an advocate is assigned to assess his or her safety and to help develop a safety plan for the family. Throughout the process, victim advocates ensure that the victim’s medical, mental health and protection needs are being met.

In a number of situations, spouses have reported being afraid to report abuse because of financial concerns about the implications of a discharge. Federal law has taken that into account and has set aside financial protections for spouses and children of members of the military who are discharged for committing domestic violence crime.

Although a domestic abuse conviction can end a service member’s military career, it doesn’t have to. Department of Defense officials state that most military spousal abuse is reported early, when chances of successful treatment are good. Some abusers even self-report before the problem becomes chronic or severe. Taking quick action means that an abuser’s military career isn’t necessarily impacted.

The bottom line is that the military is taking a stand against intimate partner abuse. For years, victims of abuse by members of the military complained that they weren’t taken seriously or that their complaints were “swept under the rug.” This is no longer the case. The military is following the rest of the nation in trying to combat this epidemic. Domestic violence victims are now being heard and abusers, whether civilians or military personnel, are being held accountable.

For more information, please contact The Kavinoky Law Offices for a free consultation about this or any other criminal matter. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best!

Prior Convictions and Violating a Protective Order

Prior domestic violence convictions can increase the penalties of a California conviction for violation of a protective order. Protective orders are issued by the court in domestic abuse cases involving intimate partners, 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. Under California law, any relationship is considered an intimate partnership – heterosexual and gay couples who are married, divorced, cohabiting, have children in common, or who are currently or formerly dating.

Intentional violation of a protective order is 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 accuser suffered physical injury, the offender faces mandatory jail time of at least 30 days and the fine may rise to $2,000.

A one year jail sentence is the maximum amount of jail time that a defendant convicted of violating a court order could possibly serve. Absent physical injury to the protected party, the law says nothing about mandatory jail time for an offender. This means that if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of violating a protective order and has been previously convicted of violating a court order, he or she will likely serve mandatory jail time. If the defendant’s current case involves an act of violence or a credible threat of violence and he or she has a prior conviction for a violation of a protective order that occurred within seven years of the current case, he or she faces up to one year in jail or prison. Although there is no mandatory jail or prison sentence with these facts, the court will most likely issue a sentence that includes jail or prison time, because it will reason that the defendant should have known better, having previously been in a similar situation.

Similarly, if the accused is convicted of violating a protective order that resulted in physical injury to the protected party and he or she has a prior conviction for violating a protective order within one year of the current case, he or she will face at least six months in jail or prison, possibly up to one year, and a fine of up to $2,000. There are circumstances, however, where the defendant would only have to serve 30 days in jail, which is another reason why it is important to have professional legal representation. A skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic abuse convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence is admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

When charged with violating a protective order – especially when one has a history of prior violations – it is imperative to hire a qualified criminal defense attorney who is familiar with all of the issues that prior acts of domestic violence raise. The attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. A skilled defense lawyer can answer any questions about a California domestic violence charge during a free consultation.