Recanting victims and the special issues that they raise in a California domestic violence stalking case

In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic violence crime. Intimate partners are heterosexual or homosexual partners and include persons who are married, divorced, dating, formerly dating, living together and persons who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking necessarily involves a victim who was the target of the stalking. When that victim originally calls the police or files a police report against the intimate partner who has been stalking him or her and then later changes or takes back his or her original allegations, he or she becomes what is known as a “recanting victim.” A recanting victim poses special challenges for a criminal defense lawyer because that victim can ultimately be devastating to the defense, even if he or she is genuinely trying to help. This is because a prosecutor is allowed a great deal of leeway when a victim recants and will usually be permitted to introduce evidence that may otherwise have been inadmissible if the victim had simply maintained his or her original allegations.

Recanting victims are common in intimate partner abuse trials because of the intense, volatile relationship that is defined by domestic violence. Very often, a victim may falsely accuse his or her intimate partner of stalking out of anger, jealousy or revenge or to simply gain control over his or her partner. Other times, a victim may have been threatened by his or her intimate partner into recanting his or her accusation, which is a crime in and of itself, known as witness intimidation. Sometimes a victim may get back together with his or her intimate partner after criminal charges were filed and then may feel badly that he or she accused his or her intimate partner of a crime. In an effort to help his or her partner, that victim will recant his or her original allegation, thinking that if he or she either refuses to cooperate with the police or prosecuting agency, that the charges will have to be dropped. This is simply not the case, as prosecutors actually anticipate that D.V. victims will recant and know how to proceed under this type of situation.

Recanting victims in an intimate partner violence stalking trial can be a gift to the prosecutor. Along with a host of other privileges, it allows the prosecutor to tell the jury what the victim originally told the police, either through the investigating officer or by playing a recording of the original 911 call placed by that victim. A recanting victim will also usually mean that the prosecutor will hire an expert witness to testify that the victim has recanted because of the abuse that he or she might receive from his or her intimate partner if he or she didn’t recant. It further encourages the expert to testify about the “cycle of abuse” and that the individual likely suffers from “battered person’s syndrome” which is the reason why he or she has changed his or her story.

If a stalking victim personally chooses to take back or deny his or her original allegations, for any reason, on his or her own free will, it is best for both partners to consult with an attorney who is experienced in California’s domestic violence laws and on the consequences that a recanting victim invites. The skilled attorneys at the Kavinoky Law Firm will take the time to sit down with both partners in an effort to devise the best defense strategy available. They will help both parties understand how a recanting victim may actually hurt the defendant and will advise that person on how to proceed in an effort to right a wrong. Click here for a free consultation and for the best representation.

The Power Imbalance That Characterizes Relationships Affected By Domestic Violence

California defines domestic violence as the use of physical, emotional or financial abuse used to exert power or control over a family member (one’s child, parent, grandparent and/or grandchild) or an intimate partner. Intimate partners are both heterosexual and homosexual and are married, divorced, have children together, dating, formerly dated, living together or formerly living together. There are many characteristics that are commonly associated with acts of domestic violence, perhaps the most telling being the power imbalance that exists between a victim and his or her abuser.

Power is what usually drives an individual to abuse another. Although single acts of domestic violence are often committed out of anger, stress or frustration, abuse that repeats itself is usually due to one’s desire to exert power and/or control over his or her intimate partner or other family member. Regardless of the type of domestic abuse that an individual inflicts upon a partner or family member, the power imbalance between the abuser and his or her victim remains the same and, until and unless the victim either flees the relationship or learns to exert his or her own authority, that imbalance will never change.

Family relationships that teach equality generally foster safe and nurturing environments. However, domestic violence statistics reveal that in a family where the power and control are out of balance, there will be a higher risk of domestic abuse within that family. A parent, in a family situation or perhaps the “breadwinner” in an intimate partner relationship may in fact have control over his or her other family members or intimate partner, as the others may be dependant on him or her for food, shelter, basic necessities and affection, but whether or not he or she chooses to exercise that power affects the likelihood of abuse. It should be noted that when a parent or grandparent inflicts abuse on his or her own child or grandchild, a separate charge of child abuse would likely be filed.

Many wonder why an abused individual would choose to stay with an abusive partner. Researchers and psychologists believe that it is because a person who has been consistently and/or severely victimized may suffer from a recognized psychological condition known as battered person’s syndrome. Battered person’s syndrome, also known as battered women’s syndrome or BWS explains why an abused individual (either a man or a woman) would voluntarily remain with his or her intimate partner. On a similar note, domestic violence studies suggest that strong, emotional bonds form between the victim and perpetrator involved in an abusive relationship due to the imbalance of power that exists. As the abuser gains more power, the victim’s self-esteem lessens and he or she becomes even more dependent on the abuser, feeling that he or she is undeserving of another’s love. In addition, during the “honeymoon phase” of the cycle of abuse, the abused partner believes that the abuse has stopped and forgives the abuser, which actually reinforces the abusive behavior and strengthens the bonds even more.

Help is available to those who wish to seek it. Counseling is available to both victims of domestic violence and to those who need help putting an end to their abusive behavior. Professional legal advice may also be helpful for either party involved in a relationship affected by intimate partner abuse. If he or she desires to learn more about what legal rights and/or remedies exist for domestic violence, the trustworthy attorneys at The Kavinoky Law Firm can address any questions or concerns about a Domestic Violence – related matter, as they specialize in California domestic violence law. They can advise a victim of intimate partner abuse on how to seek legal remedies, which may include helping the victim to file for a protective order or may help an individual charged with a D.V. crime, as they have a reputation for being exceptional domestic violence criminal defense lawyers. Contact The Kavinoky Law Firm today for a free consultation.

Civil Penalties and Violation of a Protective Order

Individuals who violate protective orders in California domestic violence cases can face civil penalties as well as criminal court consequences. Domestic abuse cases can involve any type of intimate partners – straight and gay couples who are married, divorced, living together, have children together, or who have dated at any time. Protective orders issued by courts are designed to prohibit an offender from committing specific acts of abuse, re-entering his or her own home, or engaging in certain behaviors.

Any intimate partner who knowingly violates a protective order faces a misdemeanor charge punishable by a maximum of one year in jail and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days, possibly up to one year, and the fine may rise to $2,000.

In a civil court, an individual who is found “liable” for committing this “wrong” or “tort” is subject to several different heavy fines but cannot be sentenced to jail or prison. Other than terminology, the penalty is the primary difference between a civil suit and a criminal case.

That being said, there are several differences between the procedures involved in civil and criminal courts with respect to violating a protective order. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the protected party (otherwise known as the victim), as many incorrectly believe. In a civil case, it is the protected party (who becomes known as the “plaintiff”) who sues the alleged abuser.

Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50 percent chance” that the defendant violated the court order that was issued to protect his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil lawsuit for violating a protective order, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property, and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.

In addition to monetary damages, a person found liable for violating a protective order may also have a civil protective order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, in a case where the defendant has been found guilty of violating an order already in effect, the order would likely be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of violating a protective order. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon this type of accusation. The criminal defense lawyers at The Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the severe consequences that are associated with a conviction for violating a protective order. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

Physical Evidence and its Role in a California Domestic Violence Criminal Threats Trial

California has a number of laws concerning crimes that, when committed against one’s intimate partner, will fall under the category of domestic violence. Intimate partners are married, divorced, living together, dating or were formerly dating and include people who have children together. Intimate partners are both heterosexual and same-sex partnerships. Making criminal threats against one’s intimate partner is an example of one crime that will result in a domestic abuse charge.

“Criminal threats” may be prosecuted as a misdemeanor or a felony depending on the circumstances that surrounded the allegation. An individual may be charged with this crime if he or she threatens to commit a crime against his or her intimate partner that will result in death or serious bodily injury to that partner. The threat can be verbal, written, electronically communicated or even made through a third person. Whether the accused actually intended to carry out the threat is irrelevant, as the only thing that matters with criminal threats is that the intimate partner reasonably feared for his or her safety or for the safety of his or her family. This offense is punishable by up to one year in the county jail or state prison.

Intimate partner abuse cases can be difficult to prove, as many are based on “he said, she said” allegations. Physical evidence of the crime is therefore critical if and when it exists. Without it, an aggressive criminal defense lawyer may be able to have the charge either reduced or dismissed due to insufficient evidence. With it, an attorney will have to know what arguments to make to have it excluded or will have to downplay its significance if it is admitted.

Physical evidence is evidence that one can see, hear or touch and helps to convict or acquit a defendant. Examples of physical evidence include injuries, DNA, documents or records and audio or visual recordings. In a domestic abuse case and, more specifically, in a case where the defendant has been accused of making criminal threats against his or her intimate partner, common types of physical evidence include letters written to the intimate partner (either on paper or sent through an e-mail or text message), messages that are recorded on the partner’s voicemail or answering machine, injury to the accuser and damage to personal property.

In a domestic violence trial, physical evidence can be a gift to the prosecutor. In a D.V. case, many jurors are looking to convict the defendant for the alleged abuse and this type of evidence makes it that much easier to do. When this type of evidence exists, it is up to a skilled defense attorney to try to either exclude it if it is damaging or to ensure that it gets admitted if it is favorable and clears his or her client of the charge.

In an effort to cover all the bases, the attorneys at The Kavinoky Law Firm work with private investigators and expert witnesses to carefully examine physical evidence. Private investigators take photos of the crime scene, including injuries that were sustained by the intimate partner, damage that was done to the home or to personal property, and of anything else that they feel is appropriate. They interview everyone who was involved in or witnessed the charged incident. Expert witnesses analyze physical evidence to determine if it is authentic. They examine handwriting on a letter, the voice on a recording and injuries to make sure that they are genuine and weren’t fabricated in an effort to falsely charge the defendant. The attorney then gathers the information he or she received from the defense team and devises the most effective defense strategy possible.

The experienced attorneys from The Kavinoky Law Firm know how to exclude or refute physical evidence, as they receive ongoing training in intimate partner violence law and on the evidentiary issues that frequently arise in domestic abuse trials. They understand the critical role that physical evidence can play in a criminal threats case and know ways to respond to it so that it favors their client. A knowledgeable defense lawyer can explain the role of physical evidence in a California domestic abuse case during a free consultation.

Private Investigators

California’s domestic violence laws include a variety of offenses and a variety of punishments. 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.

Because of the very nature of these intimate relationships, disputes between intimate partners are often highly charged and emotional. Many times, a simple argument can end up taking a turn for the worse. Sometimes there are witnesses involved in a domestic abuse charge, but many times there are not. A private investigator gathers information to help turn a potential “he said, she said” into a defendable case supported by evidence. The investigator works directly with the defendant’s attorney to help build the strongest defense case possible.

Many private investigators are retired law enforcement officers and therefore have an intricate understanding about how the criminal justice system operates. They not only have personal connections to other law enforcement officials, but they also have first-hand knowledge about police procedures. This means that an investigator knows how police are trained to think and gather information during an intimate partner abuse investigation. This “inside information” can be particularly helpful to the defense, especially since the investigator works closely with the criminal defense lawyer and knows what evidence can destroy the prosecution’s case.

Because of their training and backgrounds, private investigators know how to gather helpful information and are able to collect evidence that an attorney may be unable to locate. He or she will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. He or she will often gather the relevant medical records of both parties. Additionally, a private investigator will examine the criminal history of both the accused and his or her accuser.

It is the investigator’s job to locate and gather all of the information available regarding the parties involved and the incidents that led to the defendant’s arrest. It is his or her job to then turn over that information to the defense attorney. The defendant’s lawyer then analyzes the evidence and responds appropriately. Depending on the evidence that he or she receives, sometimes the attorney may be able to convince the prosecutor to either reduce or dismiss the charges against the accused, based on facts that the investigator uncovered with respect to the prosecution’s witnesses. The experienced attorneys at The Kavinoky Law Firm take the information that they receive from their investigator to help them devise the best possible defense. They then use that information to make sure that the defendant’s side of the story is not only heard by the judge and/or jury but believed as well.

A good criminal defense attorney needs to know all the information possible about the event that led to his or her client’s arrest (even when it’s potentially damaging) in order to devise the best defense. An experienced attorney will have established relationships with several private investigators and will hire one who is especially experienced with intimate partner violence cases in order to obtain all of that information. Even the best attorney can’t successfully defend a case without being aware of all the facts.

Because the consequences of a domestic violence conviction can be so severe, it is vital to hire a skilled California defense lawyer. A well-qualified and knowledgeable attorney from The Kavinoky Law Firm will work directly with a private investigator to gather as much information as possible to effectively develop the strongest defense strategy. They have successfully defended countless domestic abuse cases with skill and compassion. Do not hesitate to contact them. Click here for a free consultation and for the best representation.

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.