Penalties Imposed with a Violation of a Protective Order Conviction
Violation of a protective order is a California domestic violence offense that can be brought against an intimate partner in a current or past relationship. The term “intimate partners” applies to couples who are married, divorced, living together, have children together, or who are currently or were formerly dating. These laws apply to both heterosexual and homosexual couples.
Courts often issue protective orders in California domestic violence cases that prohibit the offender from specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Any individual who intentionally violates a protective order can be charged with a misdemeanor punishable by a maximum 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. California courts may even punish an offender for violating an order in California that was issued in another state.
If aggravating factors – facts that surround the charged incident that elevate the seriousness of the offense – are present, the offender faces additional penalties. Similarly, a prior conviction for violating a protective order will likely invoke an even stiffer sentence.
If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California domestic abuse crime, and these include the booking process if the defendant wasn’t booked upon arrest, issuance of a more restrictive criminal protective order against the defendant, the offender’s participation in a batterer’s class, and an additional fine payable to specific domestic violence funds.
A conviction for violating a protective order may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional 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. This means that a conviction could potentially end an individual’s career, which is another reason why it is so important to have a competent attorney who is familiar with California law and can argue against such a restriction.
Finally, an individual may not only be charged criminally for violating a protective order, but may be sued in civil court for the violation as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a more restrictive civil protective order but cannot be sentenced to jail or prison.
With such devastating consequences, it is imperative that an individual who has been arrested for violating a protective order immediately hires a qualified criminal defense lawyer who is familiar with all of the defenses that apply to this crime. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse and protective order violation charges. They can answer any questions about a California domestic violence charge during a free consultation.
