Physical Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that applies to intimate partners. California considers any individuals who are married, divorced, cohabiting, have children together, or who are currently or were formerly dating to be intimate partners. These laws apply to both straight and gay couples. Protective orders are issued by the court 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.

Anyone who intentionally violates a protective order in a California domestic abuse case can face a misdemeanor charge 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 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.

When a defendant violates a court order, the violation could be verbal (harassment or threats), written (in the form of a letter or e-mail) or physical (stalking or physical abuse). As a result, many cases involving this crime are based on "he said, she said" allegations unless there is some physical evidence of the violation.

Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like a letter) that helps prove or disprove a theory. Common types of physical evidence in a violation of a court order case include letters written to the protected party, injuries to the protected party and damage to personal property.

When such evidence exists, and can be verified by someone with experience in evidence analysis, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, an experienced defense attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into a violation of a protective order trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Violating a protective order is a serious charge, with severe and possibly even life-altering consequences. If facing this charge, it is critical to hire an attorney who is experienced in this special area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect.