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.