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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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  The Definition of Sexual BatterySexual Battery Defined
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  Sexual Battery’s Aggravating FactorsAggravating Factors
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  Prior Convictions and Sexual BatteryPrior Convictions
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  Sexual Battery Trial ConsiderationsTrial Considerations
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  Battered Person’s Syndrome and Sexual BatteryBPS and Sexual Battery
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  Physical Evidence in a Sexual Battery CaseSexual Battery Evidence
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  DNA Evidence in a Sexual Battery CaseDNA Evidence
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  Eyewitness Accounts in a Sexual Battery CaseEyewitness Accounts
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  Recanting Victims and Sexual Battery CaseThe Recanting Victim
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  Hearsay and 911 Calls in a Sexual Battery CaseHearsay in §243.4 cases
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  Sexual Battery PenaltiesSexual Battery Punishment
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  Mandatory Terms of Probations in a Sexual Battery ConvictionTerms of Probation
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  Registration as a Sex Offender upon a Sexual Battery ConvictionSex Offender Registration
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  Sex Offender Management and Sexual BatterySex Offender Management
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  Batterer’s Classes and Sexual BatteryBatterer Classes
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  Professional Licensing Restrictions and Sexual BatteryProfessional License Issues
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  Civil Penalties and Sexual BatteryCivil Penalties
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  Classes and Resources for Sexual Battery Victims and AbusersResources for Sexual Battery
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  Alternative Sentencing with a Sexual Battery ConvictionAlternative Sentencing
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  Defenses to Sexual BatteryDefenses to Sexual Battery
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Protective Order Violation Protective Order Violation §273.6
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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 Sexual Battery Victims and Abusers

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Under California law, sexual battery is a domestic violence offense that can apply to any form of intimate partners - heterosexual or homosexual, who are married, divorced, living together, have children together, or who are currently or formerly dating. Any person who touches an intimate partner against that person's will for sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery.

Any physical contact - however slight - can be considered touching, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner in an ongoing relationship. Depending on the circumstances, the crime can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

California has taken a stand on sexual abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences of a sexual battery conviction are severe and possibly even life altering, as one's reputation, family, career and freedom are all in jeopardy.

In an effort to try to put an end to domestic sexual 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 can be 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 sexual battery and other forms of domestic abuse 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 abuser 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. These shelters' locations are kept a secret from the public to help 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.

Individuals affected by sexual battery 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 abusers and then lists several of the state's programs under each. The National Domestic Violence Hotline is another great resource both online or by telephone (1-800-799-SAFE). In addition, the compassionate and trusted attorneys at the Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. A skilled attorney from the Kavinoky Law Firm can answer any questions about sexual battery, or about classes and resources available to those affected by it during a free consultation.

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