Battered Person’s Syndrome and Violation of a Protective Order
Violation of a protective order is a California domestic violence charge that can be brought against an intimate partner. Almost any type of relationship can be considered an intimate partnership. The couple may be married, divorced, cohabiting, have children together, or be currently or were formerly dating. The couple may be of the opposite or same sex.
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. Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. California courts can even punish an individual for violating an order in California that was issued in another state. If the accuser suffers a physical injury during the violation, 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.
In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” – also known as “battered women’s syndrome” – comes into play and can be offered as evidence through the testimony of an expert witness by either side. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.
The characteristics of this syndrome all focus on the accuser believing that the violence was his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.
When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness.
A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” (or, in this case, the protected party) refuses to testify. The prosecutor then argues that the individual has recanted the allegations because he or she feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.
The attorneys at The Kavinoky Law Firm have the training and experience to handle any case where the defendant is charged with violating a protective order. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well-qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome.
