Violations of a Protective Order

Violation of a protective order is a California domestic violence crime that applies to intimate partners. Intimate partners may be straight or gay and can be married, divorced, cohabiting, have children together, or be currently or formerly dating.

Protective orders issued by the court prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. An intentional and knowing violation of a protective order is a misdemeanor charge punishable by a maximum penalty 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. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time. California courts will even punish an offender for violating an order in California that was issued in another state.

When a suspect is arrested for violating a protective order, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the suspect made threats to kill or harm, engaged in violence against, or has gone to the protected party's home or office, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant's prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: either posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require "collateral" (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn't repay the bond, the bondman has the legal right to keep or sell the defendant's collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

An arrest made for violating a protective order is serious, as a conviction carries severe penalties. Because California is so strict with its domestic violence offenders, it is critical to contact a skilled California defense attorney immediately after being arrested to begin preparing a defense. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.