Domestic violence, in California, is defined as abuse that takes place against a spouse, former spouse, the person with whom one lives or lived, one’s significant other or former significant other, the person with whom one has children, one’s child or against anyone else who is related by blood or marriage within the second degree. The definition pertaining to domestic abuse seems to include almost everyone. Specifically looking at the last category, the definition seems to include a child’s abuse toward his or her parent. Unfortunately, while this type of abuse definitely exists, it receives very little attention and therefore leaves parents in this situation wondering if there is anything they can do about this problem or anyone they can turn to for legal advice.

The caring attorneys at the Kavinoky Law Firm specialize in California’s D.V. crimes and in all of the different types of cases that may be prosecuted under this category of offenses. Parents who find themselves facing this family violence problem can take comfort in knowing that help is available and that the supportive, compassionate attorneys at the Kavinoky Firm can lead a parent victim in the right direction.

Parents are often the silent victims of domestic violence. Spousal or intimate partner abuse is widely recognized, as is any form of child abuse. Parent abuse, however, often flies under the radar, even though it is as real and destructive as the other two categories of abuse. When a child, under the age of 18, engages in behavior that is intentionally harmful to his or her parent and is used as a way to control that parent, he or she is abusing that parent. The abuse, much like intimate partner abuse or child abuse, can be physical or emotional and takes place in families without respect to race, religion, education or financial status.

The parent-child relationship is not an equal relationship. It is a parent’s job to protect the child, to provide for the child and to discipline the child. Children require protection and direction from their parents. When this dynamic either flips or becomes nonexistent, it invites the potential for abuse. It should be noted that not all defiant or resistant behavior is abusive, as all children – and particularly teenagers – go through phases to show their independence. However, when the behavior is clearly intended to exert control over a parent either through violence, threats or manipulation, that parent is being abused and must seek help.

Physical parent abuse can take the form of hitting, punching, pushing, damaging the home (for example, punching a hole in the wall), or throwing things. This list is by no means complete, it is just a small example of the types of ways that a child may physically abuse his or her parent. Depending on the circumstances of the situation, this type of behavior may be considered criminal and could result in prosecution.

Emotional abuse, including verbal abuse, is used to terrorize or control a parent. It may include, but is not limited to, threats (either physical threats of violence or manipulative threats, such as threatening to commit suicide, run away, or to otherwise hurt him or herself with no intention of really doing so), degradation, lying, running away, yelling and swearing at the parent.

Financial abuse takes place when a child steals from his or her parents, sells his or her parent’s belongings or incurs debts that the parents are legally responsible for paying.

Parents who are being abused by their children can contact their local juvenile detention agency to see if they have programs that may be able to punish and rehabilitate their children. Resources are also available in the form of counseling and classes to help curb abusive behavior. Speaking with a criminal lawyer may also be helpful to determine if the abusive behavior is, in fact, criminal and what legal options are available. To speak to an attorney about parent abuse, click here for a free consultation.

Defenses to an Infliction of Injury Charge

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. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

The good news is that there are many effective defenses in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because an infliction of injury charge requires almost no physical proof of an injury and is commonly based on a “he said, she said” allegation, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good lawyer will attempt to either discredit both or alternatively make them favorable to the defense.

In an effort to acquit the accused, the attorney must employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing an infliction of injury charge and know how to effectively communicate them to the judge and jury.

Two common infliction of injury defenses are self-defense and the defense of others. If the accused can prove either of these defenses, he or she cannot be found guilty of this crime, as they negate the charge. Likewise, if there is a lack of intent on the part of the defendant (for example, the sustained injury was the result of an accident), he or she must be acquitted of this charge.

As stated above, an accused can be charged with infliction of injury even if he or she barely touched the intimate partner. When a victim sustains little injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate criminal responsibility. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the so-called “victim” files false allegations. Filing a false report allows the accuser to have the upper hand over the accused and is a way to exert power over one’s partner. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

A domestic violence charge such as infliction of injury can have life-changing consequences, as the defendant’s reputation, livelihood, and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. Become a part of their success. Click here for a free consultation and for the best representation.

In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

Under domestic abuse law, temporary and permanent restraining orders specifically prohibit an individual from engaging in specific acts of abuse, returning to his or her home and/or acting in a manner specifically forbidden in the order. The orders protect all victims of intimate partner abuse. California offers four types of protective orders that apply to domestic abuse situations:

Emergency protective orders
Temporary restraining orders
Criminal protective orders
Civil harassment restraining orders
An emergency protective order is issued by the court when, based on a law enforcement officer’s assertions, it finds that reasonable grounds exist to believe that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence. An emergency protective order is valid between five and seven days.

A temporary restraining order (commonly called a TRO) is an order that is issued by a judge and instructs the restrained party to stop the abuse or face serious legal consequences. Unlike an emergency protective order that is issued based on an officer’s belief that it is necessary, a victim may personally apply for a TRO if he or she believes that protection is immediately necessary. The individual may apply for the TRO “ex-parte,” which means that the partner doesn’t need to be present. The temporary order will last up to 15 days, or until the protected party is assigned a court hearing, which will usually be set about three weeks out.

Longer protective orders are available after the victim has a court hearing and can last up to five years. These orders are designed to keep an abuser from threatening, harassing, or abusing his or her partner. Upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the protected party has a reasonable fear that the partner will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidences of abuse are not required in order to get the order extended.

Civil protective orders are similar to the above three criminal orders, except that they are issued by a civil judge, not a criminal judge. The orders may include the same restrictions as the other orders but usually expire on a specified date. If the order has not been dated, it expires three years after it was issued. It is a good idea for a victim to ask for both types of orders (criminal and civil) because the criminal order may expire under certain circumstances while the civil order does not terminate until its specified date.

A protective order issued against an accused severely impacts the relationship with his or her spouse, children, family and friends. If found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer will investigate the criminal charge and help explain the accused’s side of the story. The experienced attorney will expose false charges, highlight discrepancies between witness accounts and address any extenuating circumstances that may have led to the violation.

If a victim is seeking a protective order or an accused needs to defend against a protective order, the experienced attorneys at The Kavinoky Law Firm are invaluable. They have successfully helped countless individuals navigate through the criminal justice system with ease, treating each client with compassion and respect. Click here for a free consultation.

Defenses to Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against an intimate partner. Anyone who touches his or her intimate partner against that person’s will for sexual arousal, sexual gratification or sexual abuse may be charged with sexual battery.

“Touching” can be any physical contact, even slight, and can be done directly, through the clothing of the defendant, or through the clothing of the accuser. Even a partner involved in an ongoing, intimate relationship can be charged with sexual battery.

California law defines “intimate partners” very broadly – they may be of the opposite or same gender, and can be married, divorced, living together, have children together, or be dating or formerly dating. 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.

The good news is that there are many effective defenses in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

In an effort to acquit the accused, the attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing a sexual battery charge and know how to effectively communicate them to the judge and jury.

Because a sexual battery charge requires no physical proof of an injury and is commonly based on a “he said, she said” allegation, consent, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good defense lawyer will attempt to either discredit these or alternatively make them favorable to the defense.

There are times when the police don’t follow proper procedure when arresting an accused on a sexual battery charge. If this was the case and they either illegally obtained evidence, inappropriately (either intentionally or unintentionally) tainted evidence or in any other way violated the suspect’s rights, a knowledgeable defense attorney could possibly have the case dismissed.

As stated previously, an accused can be charged with battery even if he or she used the slightest force. When a victim sustains little or no injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the so-called “victim” files false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

A domestic violence charge such as sexual battery can have life-changing consequences, as the defendant’s reputation, livelihood and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from the Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. A skilled DV defense lawyer from the Kavinoky Law Firm can answer any questions about effective defenses to sexual battery during a free consultation.

Aggravating factors in a California domestic violence stalking case

Stalking will be charged against an individual as a California domestic violence crime when it is committed against the individual’s intimate partner. Persons who are dating, who used to be dating, who are married, divorced, living together or who have children in common are considered intimate partners regardless of whether they are heterosexual or homosexual. Stalking one’s intimate partner involves following or harassing that partner and threatening him or her to the point where the partner reasonably fears for his or her safety. Those circumstances, by themselves, will cause the crime to be filed as either a misdemeanor, punishable by up to one year in county jail and a maximum fine of $1,000 or as a felony, punishable by up to one year in the state prison.

However, there are certain aggravating factors that, if present at the time of the charged incident, will force a judge to impose a much more severe sentence. An aggravating factor is a fact or circumstance that makes an alleged crime even more disturbing than had that fact or circumstance not existed. When an aggravating fact does exist, it usually means that a court will impose the strictest available penalty when it is within the court’s discretion to do so. This is one reason why an individual who is accused of stalking should contact a criminal defense lawyer immediately upon an arrest. The experienced attorneys at the Kavinoky Law Firm specialize in defending California D.V. cases. They aggressively defend their clients by arguing against the injustice that maximum sentencing invites and do their best to keep all penalties to a minimum.

Stalking, as a domestic abuse crime, generally has three aggravating factors that are most commonly seen in connection with this charge – great bodily injury, violating an order already in place and prior convictions.

If an individual inflicted great bodily injury upon his or her intimate partner while stalking that individual, he or she faces three to five years in the state prison in addition to and consecutive with any prison time that would have been ordered had the injury not been sustained. A good defense attorney may argue that the injury was the result of an accident and not directly the fault of the accused if such an argument could be justified by the facts.

Stalking an intimate partner in violation of a court order prohibiting such conduct against that same partner will also result in a stiffer prison sentence. If convicted of stalking under these circumstances, the defendant will definitely face a felony, punishable by imprisonment in the state prison for at least two years and as many as four.

Prior convictions for stalking or for other crimes will also warrant a more severe sentence for a convicted defendant. If the defendant was previously convicted of a felony stalking charge, he or she will face a felony, punishable by either two, three or five years in the state prison. If he or she was previously convicted of infliction of injury, violation of a court order or criminal threats and is convicted in the pending case, he or she may face the same penalty as if he or she hadn’t been previously convicted or may face a felony, punishable by either two, three or five years in the state prison, depending on the circumstances surrounding the incident and on how much time elapsed since the last conviction.

When aggravating factors exist, it is even more critical for an accused to hire a skilled attorney from the Kavinoky Law Firm who is familiar with all of the special issues that are raised in intimate partner abuse cases and, more specifically, in a stalking case. An attorney from the Kavinoky Law Firm will do his or her best to persuade the court that alternative sentencing better serves the interests of justice than incarceration and will argue that additional sentencing would simply be unjust. Click here for a free consultation and for the best representation.