Violation of a Protective Order Trial Considerations
Individuals facing a charge of violation of a protective order or another California domestic violence offense involving intimate partners face specific issues if their cases go to trial. California domestic abuse law defines ‘intimate partners’ very broadly – they may be married, divorced, cohabiting, have children in common, be dating or formerly dated. The laws apply equally to straight and gay couples.
Protective orders are issued by the court in California DV cases to bar an offender from engaging in abuse, re-entering his or her own home, or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor that carries a maximum penalty 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.
In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client’s advantage.
The following are some of the issues that may arise in a case where the defendant is accused of violating a protective order:
- Battered Person’s Syndrome (more commonly called Battered Women’s Syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
- Physical evidence can be a huge issue in a violation of a court order case. When a defendant violates a court order, the violation could be verbal, written or physical. Anything physical evidencing the violation is therefore helpful to the prosecution if and when it exists. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
- DNA evidence is playing a larger role than ever before in domestic violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
- Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation.
- Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.
- The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.
There are many unique trial issues that arise in a case alleging violation of a protective order, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.
