Defenses available in a California domestic violence stalking case

In California, crimes that are committed against an intimate partner will be prosecuted as domestic violence crimes. Intimate partners are married, divorced, living together, dating, formerly dating or have children together. It therefore follows that if an individual harasses or pursues and threatens his or her partner, with the intent of placing that partner in fear, he or she will be charged with stalking as a domestic abuse crime. Without any aggravating factors or prior convictions, a defendant faces up to one year in jail or prison for this crime - with them, he or she faces up to six years in prison.

Because the consequences of stalking an intimate partner are so severe, it is critical that the accused hires a criminal defense lawyer who specializes in intimate partner abuse law. The experienced attorneys at the Kavinoky Law Firm have defended many D.V. related stalking cases and have mastered the defenses that are used in conjunction with this crime. They can effectively fight for their clients, based on their thorough understanding of domestic violence law.

The elements that are required to prove this crime are the best place to look for defenses, because if the prosecutor can't prove each element independently, the defendant must be acquitted. To be convicted of stalking, the prosecutor must prove that the defendant "made a credible threat, intending to place his or her intimate partner in fear". If the defense attorney can show that his or her client never intended to place his or her partner in fear, either because he or she was only joking or because he or she never actually revealed a threat, but only wrote about his or her own private thoughts in a place that wasn't directed at the partner, that may serve as a defense. In addition, the threat must be made with the "apparent ability" to see it through. If the threat were so ridiculous or so grandiose that its execution would not even be likely, that would also serve as a defense. Along these same lines, if the intimate partner overreacted and it can be proven that a reasonable person in the same situation would not have feared for his or her safety, the defendant would be entitled to an acquittal.

Defenses may often be presented to the prosecutor or judge even before a case goes to trial. Insufficient evidence is one defense that can be raised in an intimate partner abuse stalking case if, for example, the police report didn't clearly define the crime. Under this scenario, a skilled defense attorney may argue that the charge should be reduced or even dismissed. Similarly, if there were no witnesses to the alleged incidents and/or no proof of the charges, absent the partner's accusation, the defendant's attorney may be able to have the case dismissed at the preliminary hearing, thereby avoiding a trial. Mistaken identity could also be raised as a defense if the perceived threat was received in any manner other than face-to-face.

Defenses raised during a trial can include any of the previously stated pre-trial defenses and may also include false accusations. DV often characterizes volatile, highly charged relationships. Often times, either partner does whatever it takes to gain control over the other, as domestic violence statistics reveal that, in many partnerships, both partners are abused and both partners are abusive. Such being the case, a partner may initiate a false stalking charge out of anger, revenge, jealousy or another motive simply to punish the partner. An experienced attorney will bring this type of defense to light by effectively cross-examining any and all witnesses.

The outstanding attorneys at the Kavinoky Law Firm receive on-going training in intimate partner violence cases and on all of the defenses that are available in these types of special cases. The creative Kavinoky lawyers will customize an intimate partner stalking defense based on each client's charge and will educate the client about the many additional defenses that may apply to that case. Click here for a free consultation.