Physical evidence and its role in a stalking case charged under California's domestic violence laws

Domestic violence in California applies to all crimes that are perpetrated against one's intimate partner. An intimate partner can be one's spouse, former spouse, significant other, former significant other, the person with whom he or she has children or the person with which he or she lives. These laws apply to people involved in both heterosexual and homosexual relationships. When an individual maliciously harasses or follows and threatens his or her intimate partner, he or she will therefore likely be charged with stalking as a domestic abuse crime.

Since D.V. stalking doesn't require that there be physical evidence of the crime, it can be very helpful to either the defense or the prosecution if and when it exists. Without physical evidence, a criminal defense lawyer may be able to convince a prosecutor or judge to either reduce the charge or have it dismissed altogether due to insufficient evidence. With it, a good defense attorney will know how to downplay its significance if it is damaging to his or her client or will argue against its admission.

Physical evidence in a stalking case may include evidence that the police obtain during a search of the suspect's home or property, such as video surveillance of the intimate partner or photos taken of the intimate partner on the defendant's camera. Physical evidence may also be given to the police by the intimate partner. Examples include audio recordings of messages that the defendant left on the intimate partner's voice mail or telephone answering machine or copies of emails, text messages or letters that the suspect sent to the accuser. Physical evidence may also be found in acts of vandalism that were done in an effort to threaten or frighten the intimate partner or in the suspect's DNA that may be left on a licked envelope or on another device that the defendant used to stalk his or her intimate partner.

Because stalking has received so much publicity (due in large part to celebrity stalking), people are eager to find defendants guilty of this crime. The same can be said about domestic violence crimes in this state, as they, too, receive quite a bit of media attention. As a result, the defendant already has two strikes against him when being tried for an intimate partner violence stalking case and, if physical evidence exists that additionally supports the prosecutor's theory of guilt, the jury will find it that much easier to convict the accused. This is another reason why it is imperative for the defendant to hire a skilled defense attorney who is familiar with and understands all of the ways that physical evidence can be used in a D.V. stalking case and who will aggressively fight to admit it or exclude it depending on what is in the best interests of his or her client.

Physical evidence in a stalking case could be fabricated in an effort to falsely accuse an intimate partner. This is one reason why the experienced attorneys at the Kavinoky Law Firm work with private investigators and expert witnesses who examine physical evidence to validate its authenticity. Private investigators take photos of the crime scene, interview witnesses, do background checks on those witnesses to determine their credibility and collect evidence that an attorney may not be able to obtain. Expert witnesses listen to the voice on an answering machine, examine the handwriting on a letter and watch any video recordings to make sure that they are genuine. After collecting this type of information, the investigator, expert and lawyer discuss their findings and the attorney then creates the most effective defense strategy possible.

Physical evidence can play a critical role in a domestic abuse stalking trial. The outstanding attorneys at the Kavinoky Law Firm know this and understand the ways to respond to it so that it favors their clients. Their training in these types of cases is directly responsible for their impeccable record. Click here for a free consultation.