DNA Evidence and its Role in a California Domestic Violence Criminal Threats Case

Domestic violence laws include a variety of crimes that are committed against one’s intimate partner. Intimate partners include heterosexual and same-sex partnerships where the individuals are married, divorced, living together, dating, formerly dated or have children together. In California, if an individual makes a criminal threat against his or her intimate partner, he or she will be charged with criminal threats as a domestic abuse violation and will be prosecuted accordingly.

“Criminal threats” is charged when an individual threatens, either verbally or in writing, to commit a crime against his or her intimate partner that will result in serious bodily injury or death to that partner. It does not matter if the accused actually intended to carry out the threat, only that he or she made it and that it was clear enough that the partner reasonably feared for his or her own safety or for the safety of his or her family. Depending on the circumstances of the charged incident, a defendant convicted of this crime faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

DNA evidence plays a vital role in convicting suspects and in clearing the falsely accused. A person’s DNA (deoxyribonucleic acid) remains constant throughout his or her life and is specific to that individual, which means that no two people, with the exception of identical twins, have the same DNA. The importance of that, and the reason that this type of evidence is being so widely used throughout this country, is if someone’s DNA can be collected from a crime scene or from physical evidence related to the allegation, it can either link the accused to the crime or exclude him or her from being involved in the crime.

DNA is found in virtually every cell in the body and is commonly retrieved from one’s blood, saliva, bone, skin tissue or hair. In a D.V. criminal threats case, DNA would likely be found in the saliva on a licked envelope that contained the threatening letter or on the accuser’s body or clothes if there was physical contact between the defendant and his or her intimate partner at the time of the alleged offense. If the defendant’s DNA was retrieved from these or from any other location that was involved in the charged incident, it may be easier to convict that individual for the crime. However, if someone else’s DNA was found on that envelope or on the partner’s body or clothes, it may be easier to clear the accused of that crime.

Because DNA evidence is becoming so prevalent in intimate partner abuse cases, it is critical that an accused hires an attorney who understands the science behind this type of evidence and who is familiar with the ways that it can be used during a trial. The experienced attorneys at The Kavinoky Law Firm receive ongoing training in domestic violence law and on the evidentiary issues, such as DNA evidence, that frequently arise during these types of cases. They have successfully defended countless individuals facing criminal threats charges by preparing the most comprehensive defense strategies possible.

Meeting with a Lawyer

Being arrested on a California domestic abuse charge can be one of the most frightening and overwhelming experiences an individual may ever have. Hiring the right attorney can help ease some of that anxiety as he or she can guide the accused through the criminal court process with experience and compassion. That being said, not all lawyers are created equal and it can be a daunting task to find the best representation. Here are some tips on how to make that decision easier during an obviously difficult time.

Try to get referrals from friends, family or associates. People who have experience dealing with a particular attorney or firm are the best resources. Local bar associations are also helpful as they can provide a list of local attorneys who specialize in criminal defense law. In addition, Internet searches are useful tools. Individuals can look at various attorney and firm websites to gain valuable insight as to what types of lawyers are out there. Random phone book or television advertisements should be avoided, as useful information cannot be reliably assessed from these sources.

Once the accused has a potential list of attorneys, he or she should contact the attorneys to set up consultations. Consultations can be either face-to-face at the attorney’s office or over the phone. Whether conducted in person or over the telephone, one of the most important things that a defendant should look for during a consultation is a feeling of trust.

Sharing the details of an intimate partner abuse incident can be a very emotional experience, which is why establishing trust is so important. The only way that a criminal defense lawyer can effectively represent his or her client is if the client discloses all facts and allows the attorney to decipher their importance and relevance. Honesty on the part of the client is crucial and, without it, that client’s defense is in severe jeopardy. It should be noted that even when an individual interviews a lawyer and does not ultimately hire him or her, that attorney still has an obligation to keep the entire conversation confidential.

The accused should have a list of questions to ask the lawyer and should also be prepared to answer a series of questions from the lawyer. The accused may want to ask questions about the attorney’s education and training, about his or her success rate with respect to similar domestic violence charges, and about how he or she keeps current with the law and cutting-edge trial strategies. It is crucial to hire a lawyer who has experience with California domestic abuse cases and laws. The attorneys from The Kavinoky Law Firm all receive extensive training and keep up-to-date on current criminal defense issues. They have successfully defended countless intimate partner domestic violence charges with integrity and skill.

A good lawyer wants to help a potential client understand the criminal process. He or she should make the individual feel that there is no such thing as a “stupid” question and should respond to all questions by giving meaningful answers. The tone and the extent in which the attorney answers the questions can be very telling about his or her knowledge on the subject. Additionally, a qualified attorney should ask the potential client very specific questions about the case and the events that took place prior to the accused’s arrest. He or she should also ask questions relating to the details about the arrest itself. If the attorney isn’t asking questions about the case, chances are that he or she is not serious about providing representation.

The bottom line is that an attorney should be honest, trustworthy, understanding and knowledgeable. The attorneys at The Kavinoky Law Firm exemplify those traits and take pride in exceeding client expectations. When things are at their worst, the attorneys of The Kavinoky Law Firm are at their best! Click here for a free consultation.

What to do when the abuser is also abused

California’s domestic violence laws include a variety of offenses and a variety of punishments. They can be charged as felonies or misdemeanors depending upon the extent of the violence and whether the complaining witness suffered an injury. The offenses include disputes between any intimate partners, whether or not the couple remains together. These partners may be married, cohabiting, have children in common, be divorced or separated, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

It is the very nature of these intimate relationships that give rise to highly charged, emotional disputes that can often spiral quickly out of control. Because the state is so strict with intimate partner abuse offenders, a conviction for domestic violence can jeopardize the offender’s family, career and freedom. Domestic violence statistics reveal that many times, there is not one true victim and one true offender in an abusive relationship, but that frequently, both partners abuse each other.

It is most often the case that when the police respond to a domestic abuse call, the person who called will be labeled the “victim” and the partner will be labeled the “abuser or batterer.” In most instances, the police rely on that assumption and then arrest the abuser, who, in a heterosexual relationship, is usually the man. As previously stated, however, there are times when the abuser has also been a victim of the abuse and, despite our society’s stereotypes, men are frequently abused in a number of ways by their female partners. When the abuser has also been abused, it is critical that he or she hire a criminal defense lawyer who will not only tell the accused’s side of the story but who will make sure that the judge and/or jury believe it as well. The attorneys at The Kavinoky Law Firm will do just that.

The experienced attorney will work closely with a private investigator to gather evidence that supports the accused’s side of the story. Evidence includes witness statements about the incident, medical reports, dated photographs of any injuries that the defendant sustained, police reports, weapons used by the partner, pictures of the home after the violent episode, household objects that were torn or broken by the partner, calls made to 911, and certified copies of the defendant’s partner’s criminal record. After this evidence is collected, the lawyer will devise the most effective strategy for not only defending the accused’s actions during the incident, but to highlight the fact that he or she was also a victim of the abuse and of the criminal justice system.

Additionally, if the defendant is in fear for his or her own safety, an experienced attorney can help that individual obtain an appropriate restraining order. A criminal lawyer will also help educate his or her client that if the partner violates the order, that partner will also face criminal charges. There is no reason why anyone needs to live in fear.

The well-qualified attorneys from The Kavinoky Law Firm are familiar with every aspect of a California domestic violence case and have successfully helped guide countless defendants through the criminal court process with compassion and respect. Click here for a free consultation.

Children are affected by domestic violence in a number of ways, regardless of whether they are the direct recipients of the abuse or witness abuse between their parents. Children who are raised in homes where incidents of domestic violence are commonplace have more emotional, physical and psychological problems than children who are raised in homes that are violence-free. As a result, these young victims require supportive, nurturing environments in which they can be assured that the abuse inflicted on them isn’t their fault and where they can be free to express themselves without fear.

California offers services, classes, protection and other resources for victims of child abuse and young victims who witness other acts of intimate partner abuse in their home. While dealing with a child who has been victimized can be overwhelming, the compassionate attorneys at the Kavinoky Law Firm can help. They have access to numerous resources for children and their parents and will give referrals for these resources that meet the individual needs of each family.

The national child abuse hotline at 1-800-4-A-CHILD or accessed on the web at www.ChildHelp.org is a great place to start for a parent trying to help his or her abused child, for an abused child or for a child at risk of being abused to seek guidance. The hotline is staffed 24 hours a day, 7 days a week and, thanks to interpreters, over 140 languages are spoken. Childhelp offers referrals to local community resources, literature, crisis intervention and information on emergency protection issues. They offer a variety of programs, including treatment at live-in facilities, which provide therapy, medical care and on-site schooling for severely abused children. The goal of these programs (and of Childhelp in general) is to provide a nurturing environment in which self-esteem and trust can be rediscovered in a child who has been victimized by child abuse and/or other forms of domestic violence.

Resources for child abuse can be readily accessed on-line and provide information on how to recognize abuse if is it suspected, where and how to report abuse, instructions on how to obtain emergency protective orders and other local referrals, depending on where one lives.

Local children’s courts may also be able to provide a list of local resources for both parents and children who have been affected by child abuse. In addition, many of these courts have Court Appointed Special Advocates (CASA) that may be able to offer suggestions on where to find additional information and may be able to refer parents and their children to classes for child victims and to classes for parents that teach a parent how to deal with an abused child, to therapists who specialize in working with abused children and to other organizations that may meet a particular family’s needs.

Defense Attorneys for Child Abuse Law

If a parent or anyone else suspects that a child may be suffering from abuse, either personally or by witnessing it, that adult must take action. Contacting a criminal lawyer is a good place to start to find out what legal and/or criminal action is possible. The trusted attorneys at the Kavinoky Law Firm will take the time to sit down and listen to a potential client’s questions and concerns. They specialize in California domestic violence law and, as a result, have the experience and training to help an individual tackle any D.V. related problem. When things are at their worst, the attorneys at the Kavinoky Law Firm are at their best! To discuss a child abuse case, please click here for a free consultation.

Battered Person’s Syndrome and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married or divorced, living together or formerly living together or have children in common. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

In this, as well as many other intimate partner abuse cases, the condition known as “battered person’s syndrome” (more commonly called “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 infliction of injury cases either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. Because this syndrome is frequently introduced in a domestic abuse trial, 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 abused believing that the violence is 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.

If the abused has committed a crime, battered person’s syndrome may be introduced as a defense in the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire 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 an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor argues, through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’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 infliction of injury case. They have successfully defended countless 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. Click here for a free consultation and to secure the best representation available.