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California Criminal Defense Lawyers - www.NoCuffs.com Home
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The Kavinoky Law Firm Our Firm
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Criminal Defense Information
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Domestic Violence Domestic Violence
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Domestic Violence Protective Orders Protective Order
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Infliction of Injury Infliction of Injury CPC §273.5
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Domestic Battery Battery CPC §§242, 243(e)(1)
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Sexual Battery Sexual Battery CPC §243.4
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Protective Order Violation Protective Order Violation §273.6
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  Protective Order Violation DefinedProtective Order Violation Defined
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  Aggravating Factors with Violating a Protective OrderAggravating Factors
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  Prior Convictions and Violating a Protective OrderPrior §273.6 Convictions
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  Violation of a Protective Order Trial ConsiderationsSpecial Trial Considerations
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  Battered Person’s Syndrome and Violation of a Protective OrderBPS and Protective Order Violation
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  Physical Evidence in a Violation of a Protective Order CasePhysical evidence
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  DNA Evidence in a Violation of a Protective Order CaseDNA Evidence
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  Eyewitness Accounts in a Violation of a Protective Order CaseEyewitness Accounts
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  Recanting Victims and the Violation of a Protective OrderVictim Recantation
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  Hearsay and 911 Calls in a Violation of a Protective Order CaseHearsay and §273.6 cases
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  Penalties Imposed with a Violation of a Protective Order ConvictionPunishment in §273.6 cases
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  Mandatory Terms of ProbationMandatory Terms of Probation
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  Batterer’s Classes and Violating a Protective OrderBatterer Classes
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  Professional Licensing Restrictions and the Violation of a Protective OrderProfessional License Issues
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  Civil Penalties and Violation of a Protective OrderCivil Penalties
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  Classes and ResourcesClasses and Resources
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  Alternative Sentencing with a Conviction for Violating a Protective OrderAlternative Sentencing
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  Defenses to Violating a Protective OrderDefenses
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Intimidating an Intimate Partner or Witness Intimidating a Partner §136.1
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Criminal Threats Criminal Threats §422
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Stalking Stalking §646.9
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Domestic Violence and Children Domestic Violence and Children
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Types of Abuse Types of Abuse
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Same sex domestic violence Same sex domestic violence
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Expungement of DV cases Expungement of DV cases
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Classes and Resources for People Involved in Abusive Relationships

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California courts typically issue protective orders in domestic violence cases involving intimate partners that bar an offender from committing specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Intimate partners may be married, divorced, living together, have children in common, dating or formerly dated and may be straight or gay.

Anyone who fails to comply with the court's direction can be charged with violation of a protective order. 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 one year in jail and a $1,000 fine. If the violation results in physical injury to the accuser, 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. California courts can even punish an offender for violating an order in California that was issued in another state.

California has taken a stand on intimate partner abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences that a defendant faces for violating a protective order that was issued to protect his or her intimate partner are severe because the state hopes to deter the offender from engaging in further illegal conduct.

In an effort to try to put an end to domestic abuse, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided in numerous languages to people of every economic, ethnic and religious background and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer is a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues, but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training and lessons on how a victim can safely flee from a violent partner.

For the abuser, there are batterer's classes that are structured courses designed to stop the use of physical, psychological or sexual abuse to gain or maintain control over a partner. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the individual who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside, keeping their identity confidential. The locations of these shelters are kept a secret from the public to further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet and develop their independence.

Individuals affected by domestic abuse can take comfort in knowing that help is available. "SAFE" (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and offenders and then lists several of the state's programs under each category. The National Domestic Violence Hotline is another great resource both online and via telephone (1-800-799-SAFE). In addition, the compassionate, discreet and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs.

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