Battered Person’s Syndrome and its Role in a California Domestic Violence Trial for Criminal Threats

“Criminal threats” falls under California’s domestic violence laws when the individual who was threatened was the intimate partner of the accused. Intimate partners include persons who are married, divorced, cohabiting, dating, formerly dated and who have children together. When an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner, he or she could be found guilty of this domestic abuse crime. It doesn’t matter how the threat was delivered or whether the accused actually intended to carry out the threat. The only relevant fact is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Battered person’s syndrome is a recognized psychological condition that is becoming more prevalent in California’s D.V. cases. While it is more commonly called battered woman’s syndrome, battered women’s syndrome or B.W.S., it applies to both men and women who are consistently and/or severely victimized by their partners. The syndrome can be used to defend the actions of the accused or as evidence against a defendant. Because of its increasing frequency in intimate partner violence trials, it is critical for the accused to hire a criminal defense lawyer from The Kavinoky Law Firm who has experience dealing with battered person’s syndrome and who can skillfully use it to his or her client’s advantage or discredit it entirely.

Battered person’s syndrome may be used to defend the accused in a criminal threats trial based on evidence that the accused has also been victimized by his or her partner and honestly felt that the threat was necessary in order to avoid his or her own death or a serious injury. When used in this manner, the defendant is saying that he or she made the threat in self-defense, which can act as a defense to the crime. In order for this defense to work, it is imperative that the defendant has an attorney who understands the intricacies behind this syndrome and who will retain an expert witness to explain its significance to the judge and jury.

Battered person’s syndrome is more frequently used as evidence against a defendant, introduced by the prosecutor. This generally happens when the accuser recants his or her allegations. The prosecutor brings in an expert witness to testify that the accuser has been so severely abused by his or her partner that he or she is either changing his or her story or is refusing to cooperate out of fear for what might otherwise happen. A good defense attorney will anticipate this strategy and prepare for it by hiring a defense expert witness who will rebut this theory and address the many legitimate reasons why an accuser might recant.

The attorneys at The Kavinoky Law Firm receive ongoing training and education with respect to intimate partner abuse and the many evidentiary issues that commonly arise within these types of trials. They are well-qualified to successfully introduce battered person’s syndrome as a defense or to refute it should it be used against their client. When an individual is charged with making criminal threats against his or her intimate partner, the consequences are too severe to trust an inexperienced attorney. One of the knowledgeable lawyers at The Kavinoky Law Firm can outline a proven defense strategy during a free consultation.