Juvenile Justice in California: Dependency and Delinquency

California has two courts in which children may find themselves appearing – dependency court and juvenile court. Both are part of the California Superior Court system and both are considered juvenile court. Dependency court is for children who are abused, neglected or otherwise being raised by parents who are deemed unfit to continue raising their children. Basically, children removed from their home, due to no fault of their own, end up in dependency court. Once removed from the home, the government takes responsibility for the children’s health, education and welfare until and unless they can be safely returned to their home or are adopted by another family. Delinquency involves children who do things that would be considered illegal if they were adults. If a child is in this system, he or she may be able to continue living with his or her parents under court supervision or may be removed from his or her home and place in a juvenile detention center or another type of live-in facility, depending on the child’s age, the seriousness of the crime and on the child’s criminal history.

Juvenile Justice works in a number of ways. With respect to dependency, when a parent has been convicted of child abuse, neglect, endangerment or of another domestic violence crime, his or her child may be removed from the home and made a dependent of the court. Whether or not this happens depends on a variety of factors, including whether that parent is married or single and the “fitness” of the other parent if available. If the child is placed under the custody of the court, the court may try to reunify the child and parent if the parent is successfully rehabilitated and follows all of the courts orders in the specified manner. When this happens, the court will offer many services to help benefit both the child and the family. If reunification services aren’t offered either because the court determines that it would be against the “best interests” of the child to do so or because the court finds that a parent can’t be rehabilitated, his or her parental rights may be terminated and he or she may lose that child, in which case alternative placement will be provided.

Delinquency focuses on treating and rehabilitating children. Taking into account the severity of the offense and the criminal history and background of the child, the court will choose to treat the child in a formal or informal detention center (which may be in a jail-type facility or on a ranch in a boot-camp type setting) or may place the child on probation and back in the care of his or her parents. Because the goal of the juvenile justice system is on rehabilitation, and not punishment like the adult justice system, there are several State agencies that play a role in the rehabilitation of the child, including social service agencies, community organizations and schools.

When a child is abusive to his or her parent (which is a type of domestic violence), that parent may, under certain extreme situations, voluntarily place his or her child in the juvenile justice system and ask the court to take responsibility for the child. This may include situations where the child is beyond the parent’s control and refuses to obey his or her parent’s lawful requests. If the parent does so, he or she risks possibly losing the child, as the court may determine that it is the parent who is failing to adequately control the child. This is a difficult situation to be in and professional legal guidance should be sought before making this type of decision.

Defense Attorneys for Child Abuse Law

The compassionate and trusted criminal defense lawyers at the Kavinoky Law Firm specialize in California crimes of domestic violence and on all of the issues that coincide with these types of special cases. If charged with a DV related crime or for questions about the juvenile justice system, contact them for a free consultation.

Classes and Additional Resources Dealing with Infliction of Injury

California is one of the strictest states in the nation when it comes to punishing domestic abuse offenders. The consequences of an infliction of injury conviction are severe and life-changing. A first-time offender with no aggravating circumstances can face up to four years in prison and up to $6,000 in fines, and an individual with prior convictionsor with aggravating circumstances can face up to nine years in prison and up to $10,000 in fines.

In an effort to try to put an end to the violence, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided for people of all income levels, so it is always possible to find programs that are affordable. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer can be a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner. The goal of this therapy is to empower the victim to leave an abusive relationship behind in order to secure his or her safety.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological, or sexual abuse to gain or maintain control over a partner. California has more than 450 court-approved programs and many others for those seeking help before the courts are forced to intervene. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents and there are Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings which are free of charge and are held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities also exist for the individual who requires more intense drug or alcohol counseling.

For the victim, there are emergency shelters that are set up throughout the state that will allow a victim and his or her children to take temporary residence while keeping their identity confidential. The locations of these shelters are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by infliction of injury, also commonly called “spousal abuse” or “spousal battery,” can take comfort in knowing that help is available. All of the above services are provided in numerous languages and to people of every economic, ethnic and religious background.

Services exist that are geared towards both victims and abusers who are either men or women and who are heterosexual or homosexual. SAFE (Stop Abuse For Everyone) is an excellent resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. In addition, the compassionate and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. For questions about infliction of injury, or about classes and resources available to those affected by it, please click here for a free consultation.

Witness intimidation is a California domestic violence charge involving alleged threats to an intimate partner. Any type of couple can be considered an intimate partnership – the individuals can be straight or gay and may be married, divorced, living together, have children in common, or have dated at any time.

California domestic abuse law defines witness intimidation as any attempt to prevent an intimate partner from making a police report, answering the questions of law enforcement, or testifying in a court proceeding. The offense can be charged as a misdemeanor punishable by up to one year in jail. However, if the defendant is accused of using or threatening force, if the intimidation is part of a conspiracy, or if the intimidation is for financial gain, he or she will be charged with a felony punishable by two to four years in prison. The success or failure of the offender’s attempt is irrelevant to this charge, meaning that it doesn’t matter whether the intimate partner was actually intimidated.

When a suspect is arrested for intimidating a witness as a misdemeanor, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the suspect is arrested on a felony witness intimidation charge, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant OR. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind, which is why it is so important to appear with a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release – which is very common in domestic abuse cases – and must post bail, release from jail can be obtained through one of two methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post the full amount of bail in certified funds or cash with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require collateral (usually a car, house or something else of considerable value) to secure the bond. This means that if the defendant does not repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A witness intimidation conviction carries severe penalties. The defendant’s reputation, career, family and freedom are jeopardized the minute the arrest is made, which is why it’s critical to contact a skilled California defense attorney immediately after being arrested. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Classes and Resources for Sexual Battery Victims and Abusers

Under California law, sexual battery is a domestic violence offense that can apply to any form of intimate partners – heterosexual or homosexual, who are married, divorced, living together, have children together, or who are currently or formerly dating. Any person who touches an intimate partner against that person’s will for sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery.

Any physical contact – however slight – can be considered touching, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner in an ongoing relationship. 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.

California has taken a stand on sexual abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences of a sexual battery conviction are severe and possibly even life altering, as one’s reputation, family, career and freedom are all in jeopardy.

In an effort to try to put an end to domestic sexual abuse, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided in numerous languages to people of every economic, ethnic and religious background and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer can be a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by sexual battery and other forms of domestic abuse is available to not only help the abuser deal with anger management and violence issues but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological or sexual abuse to gain or maintain control over a partner. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside, keeping their identity confidential. These shelters’ locations are kept a secret from the public to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by sexual battery can take comfort in knowing that help is available. SAFE (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. The National Domestic Violence Hotline is another great resource both online or by telephone (1-800-799-SAFE). In addition, the compassionate and trusted attorneys at the Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. A skilled attorney from the Kavinoky Law Firm can answer any questions about sexual battery, or about classes and resources available to those affected by it during a free consultation.

Stalking as a California Domestic Violence Crime

Stalking, when committed against one’s intimate partner, will be prosecuted as a domestic violence crime in California. California defines intimate partners as married, divorced, dating, formerly dated, having children together or living together, regardless of whether they are heterosexual or same-sex partnerships. When an individual willfully, maliciously and repeatedly follows his or her intimate partner and makes a threat, intending to place that partner in fear, he or she faces up to one year in jail and a $1,000 fine, depending upon whether it is charged as a misdemeanor or a felony. The prison time would be at least two years and as many as four years if the accused commits this crime while named in a protective order or may be raised to a maximum of five years if he or she has a prior conviction for stalking or prior convictions for infliction of injury, violation of a protective order or for making criminal threats.

California law prohibits an individual who has been charged with stalking to be released from custody without first having a bail hearing. At a bail hearing, a judge considers the defendant’s flight risk, his or her prior criminal history, the increased risk to the victim of the crime and the facts of the pending case to determine whether to release the defendant on his or her own recognizance (commonly called OR) or to increase or reduce the scheduled bail amount. The defendant is more or less presumed guilty by the judge during this phase of the proceedings, which is why it is imperative that the defendant hires an experienced criminal defense lawyer from The Kavinoky Law Firm to help persuade the court that either reducing bail or releasing the defendant O.R. will best serve justice.

In an intimate partner abuse case such as stalking, a judge will typically deny an OR release, thereby requiring the defendant to post bail in order to get released from custody. He or she can either post cash bail or post a bail bond. Posting cash bail is rare, because few people have enough money to pay the full amount of their set bail. When cash bail is posted, it will be returned to the defendant within 60-90 days after the case is resolved if the defendant attended every single court appearance. If, at any time, the accused failed to appear for court, the cash bond may be forfeited to the court.

A bail bond is more typically used to post bail than cash bail. When obtaining a bail bond, the defendant enters into a contract with a bail agent. In exchange for a fee (usually 10% of the bail amount), the bail agent (or bondsman) agrees to post the full bail amount for the defendant. The agent will usually require additional “collateral” which is an item of great value, usually a house or a car, to further secure the bond. If the defendant makes all of his court appearances, at the conclusion of the case, the bond will be exonerated and the collateral will be released. If the defendant flees, his or her collateral will become the property of the agent.

Because the consequences of a stalking conviction are so serious, it is vital that the accused hires a skilled defense attorney as soon after his or her arrest as possible so that the attorney can fight for the defendant throughout the entire criminal court process. The rules pertaining to a Domestic Violence stalking charge are specific and technical, which is why it is so important to retain representation that is experienced in this area of the law. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless individuals accused of stalking. To secure the best representation, click here for a free consultation.