Professional license issues affected by a California domestic violence stalking conviction

Domestic violence laws, in California, apply to all crimes that are perpetrated against intimate partners. Stalking will therefore be charged as a domestic abuse crime if the accused willfully and maliciously followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear for his or her safety. Intimate partners are persons who are married, divorced, dating or formerly dating, cohabitating or who have children in common. The penalties that face an individual convicted of stalking an intimate partner are severe and possibly life altering, depending on the circumstances that surrounded the alleged incidents and depending on whether the crime was charged as a misdemeanor or as a felony. Although one usually expects criminal punishment to follow a conviction, one usually doesn’t anticipate that his or her career may be jeopardized as well.

California professional license issues are generally regulated by the Business and Professions Code. The code permits a licensing board to either suspend or revoke a person’s professional license under certain circumstances following a criminal conviction. If revoked, an individual must more than likely find a new career in order to financially survive.

Professional license restrictions may be illegally imposed if the conviction doesn’t substantially relate to the duties, functions or qualifications of the defendant’s job. The board may impose a restriction following a criminal conviction, regardless of whether the defendant pled guilty or no contest or was found guilty by a judge or jury and may go into effect once the defendant is placed on probation, once his or her conviction has been affirmed on appeal or once the timeframe within which to file an appeal has lapsed. In addition, there are some licensing boards that may set forth even stricter guidelines when they issue licenses that may call for suspension or revocation upon a conviction for a specified offense. This is simply one reason why it is important for an individual who holds a professional license to contact an attorney immediately upon a stalking accusation. The criminal defense lawyers at the Kavinoky Law Firm will not only vigorously defend their clients throughout their criminal case, but may help resolve post-conviction issues as well. They can help fight against a professional license restriction by arguing against its application to their client’s case when appropriate.

In most instances, a D.V. stalking conviction will unlikely be related to the functions or duties of one’s career. A lawyer has the knowledge and resources to defend his or her client against an illegally imposed professional license restriction. There are many boards that simply may not want a convicted criminal holding their license. The board may try to use the conviction to inappropriately discipline an otherwise competent license holder, which is, in most cases, illegal. However, there are two ways that a restriction may certainly be upheld according to the law. The first is if the defendant who was convicted of stalking his or her intimate partner was ordered by the court to register as a sex offender. Certain professions, including physicians and surgeons, have specific rules about license revocation when a sex offense is involved. The second is if, as a part of the defendant’s job, he or she must carry a firearm (which is probably unlikely in most professionally licensed positions). Firearm restrictions do apply to intimate partner stalking convictions and may therefore legally put an end to an individual’s career.

When charged with stalking an intimate partner, it is critical for the accused to hire a skilled attorney who is familiar with all of the evidentiary issues and post conviction issues that an individual facing an intimate partner abuse stalking charge may encounter. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced DV stalking charges and helped them maintain their dignity, family, careers and freedom. For questions about a stalking charge or about professional license issues, click here for a free consultation.

The Cycle of Abuse in a Relationship Affected by Domestic Violence

Relationships that are affected by domestic or intimate partner abuse all have a common factor – the cycle of abuse. The cycle of abuse is a pattern of behavior that an abuser and his or her victim go through between incidents of abuse. Although domestic violence deals with emotional, financial and physical abuse, the cycle of abuse primarily deals with physical abuse. There are generally three distinct phases of the cycle, and include the tension-building phase, the violent episode, and then apologetic, loving behavior, commonly referred to as the honeymoon phase.

The tension-building phase in the cycle of violence is where emotional abuse, and sometimes even physical abuse, usually begins. This is the phase where tension builds between the abuser and his or her partner or family members who in turn experience high levels of anxiety, fear and anticipation of what will happen next. Although this phase is inevitable, it may begin due to stresses about finances, the couple’s children, trust issues or any other problem that the family might be facing. Many victims of abuse try to calm their partners or other family members down during this phase by claiming responsibility for behavior that isn’t their fault or by shifting attention away from the problem. Once the tension rises to its highest level, the violent episode takes place.

The battering incident, also referred to as the acute battering incident, takes place when the tension-building phase escalates and the abuser then attacks his or her partner or other family member. The episode is unpredictable and may be set off by anything. Once started, only the person inflicting the abuse can stop it. Although one might think that this phase would be incited by an act of the victim, such is rarely the case, as he or she usually has little to do with it. This phase is usually brought on by an external problem or internally within the abuser. There are times, however, when a victim might provoke his or her intimate partner or other family member into this phase, wanting to get it over with, knowing that the honeymoon phase is next. It is during this phase that victims are seriously injured and even killed.

The final phase of the cycle of abuse is commonly referred to as the honeymoon phase. This is where all tension has left the relationship and the bonds between the couple or family are strengthened. During this phase, the abusive partner or family member acts loving, may shower his or her victim with gifts and affection and promises to never hurt him or her again. Both the abuser and the victim want to believe the abuse is truly over and it is because of the grief and devotion that the batterer shows his or her victim during this phase that prevents many victims of domestic and intimate partner violence from leaving their abusive relationships.

A victim who has experienced these cycles of abuse at least twice may be diagnosed with a recognized psychological condition known as battered person’s syndrome. This syndrome can be used as a defense to a crime committed by a battered person or may be used against a defendant in a domestic violence trial if his or her victim recants or refuses to cooperate with the prosecution.

Leaving an abusive relationship may be the only way to end this cycle of violence. California has an abundance of resources that are designed to help victims of domestic abuse leave their abusers and find ways to lead their lives free from fear and violence. The National Domestic Violence Hotline, found online at www.ndvh.org or by phone at 1-800-799-SAFE, is a great place to learn more about the signs and symptoms of domestic violence or to seek referrals for classes, counseling or other programs. Speaking with the compassionate lawyers at The Kavinoky Law Firm may also be helpful to learn about a D.V. victim’s legal rights and remedies. Contact an attorney today for a free consultation to discuss any Domestic Violence-related matter.

Domestic battery, more commonly called “spousal abuse” or “spousal battery,” is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated.

In a criminal court, battery is what’s known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery charge will likely be charged as a felony which carries a maximum of four years in state prison.

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 battery. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim (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% chance” that the defendant battered 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 battery, 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 battery 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, depending on the circumstances, the order can 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 domestic battery. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon a battery 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 devastating consequences that are associated with a battery conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

Hearsay and 911 Calls and their Admissibility into Evidence in a California Domestic Violence Criminal Threats Trial

California domestic violence crimes are crimes that involve intimate partners. Intimate partners include people who are married, divorced, dating, formerly dated, living together or who have children in common. The laws apply to both heterosexual couples and same-sex partnerships. When an individual makes a criminal threat against his or her intimate partner, the crime will be charged as domestic abuse.

“Criminal threats” can be charged when a person threatens to commit a crime against his or her intimate partner, which, if committed, would result in death or serious bodily injury to that partner. The threat can be conveyed in almost any manner as long as the partner receives it and the partner reasonably feared for his or her safety as a result. It is not a defense that the accused didn’t actually intend to carry out the threat. If convicted of this crime, the defendant faces up to one year in the county jail or state prison, depending on whether the crime was filed as a misdemeanor or a felony.

Hearsay is a legal term that refers to “out of court” statements that a lawyer subsequently tries to offer as evidence “in court” during a trial. In order for the statements to qualify as hearsay, they must be introduced for their truth. In a typical criminal proceeding, if the court determines that the statements are, in fact, hearsay, it will likely rule that the statements are inadmissible, the rationale being that a witness should only testify to things about which he or she has actual, personal knowledge. However, California permits hearsay, including 911 telephone calls, to be admitted into evidence in intimate partner abuse trials.

In a criminal threats case, this exception allows into evidence statements that were made by the accuser at the time he or she was being threatened or immediately after the charged incident. The reason that this exception exists for D.V. cases is because it is believed that a victim who is experiencing abuse would lack the opportunity to reflect on or fabricate the facts. Obviously that rationale doesn’t always hold true, as many domestic violence 911 calls have been made based on made-up allegations in an effort to control or punish one’s partner or were placed out of anger, revenge or jealousy. In any event, the statements are allowed into evidence and, as a result, the prosecutor will no doubt play a recording of the 911 call and have the investigating officer read the accuser’s statements to the jury.

As is true with any area of the law, even exceptions have exceptions, which is why is it critical to have legal counsel who is familiar with domestic abuse cases and the evidentiary issues that frequently arise in these types of trials. The skilled criminal defense lawyers at The Kavinoky Law Firm pride themselves on keeping up with current case law and cutting edge trial strategies. They frequently participate in training seminars that relate to intimate partner violence, giving them a leg up on the competition. As a result, when a prosecutor tries to introduce hearsay and 911 calls in a criminal threats trial, they are prepared to effectively argue for their admission or exclusion, depending on which result would provide the most favorable outcome for their client. Because of the complex and technical rules (and the exceptions to those rules) that come into play in a California D.V. case, having an experienced and qualified criminal defense lawyer who knows how to tackle tricky evidentiary issues is critical. An experienced attorney can outline a proven defense strategy to a domestic abuse case during a free consultation.

Privacy protections available to victims of domestic violence

Each year, millions of people are victimized by domestic violence. These victims are from every economic background, every ethnicity, both genders, and are both hetero- and homosexual. This is a growing problem on which California has taken a serious stand. California’s domestic violence laws are among the toughest on offenders. The penalties are severe and often jeopardize one’s reputation, career, family and freedom.

Domestic abuse laws apply to any intimate partners. Intimate partners include men and women who are married, divorced, living together, have children in common, and who are or were dating. The partners can be heterosexual or involved in same-sex partnerships.

When a true victim of intimate partner abuse makes the decision to leave his or her partner, physical safety becomes an even bigger concern than ever. If an abuser finds out that his or her partner and children, if any, are going to leave, the potential for serious bodily injury (and even death) are imminent. Because of that fact, emergency shelters 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 shelter locations are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents.

While these protections are an absolute must for true victims of intimate partner violence, they act as yet another form of abuse to those individuals who have been falsely accused of being batterers and to the accused who are also abused by their partners. Anyone who has been arrested for a domestic violence crime should immediately contact an attorney. Someone who has either been falsely accused of committing a domestic violence crime or someone who has been accused of a domestic violence crime who is also abused must immediately contact an attorney. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in handling every type of domestic abuse case and have successfully defended countless individuals, treating each with compassion, discretion and respect.

Both the falsely accused and the abusers who are also abused fall into a special category of people who are clearly hurt by the privacy protections afforded to the “victims” of domestic abuse. When an individual falsely accuses his or her partner of abuse or files a police report as an exertion of power against that partner, he or she is labeled the “victim” and the partner the “abuser.” The “victim” is then able to seek shelter with the couple’s children and the “abuser” has no way of finding his or her family. There are a variety of factors that may motivate the “victim” to do this including, but not limited to, power, anger or jealousy. The accused ends up feeling helpless and may end up unintentionally committing additional crimes trying to locate his or her family.

When this type of situation occurs, the best thing an individual can do is to contact an experienced domestic violence attorney to help remedy the situation. The attorneys at The Kavinoky Law Firm will ensure that the judge and jury not only hear the defendant’s side of the story but believe it as well. They want to make sure that the wrongly accused aren’t victimized by the criminal courts system or by their partner anymore. Please click here for a free consultation.

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The Possible Consequences of Domestic Violence in California

Domestic violence is a “wobbler” crime in California, and it can be charged and prosecuted either as a misdemeanor or a felony. A Sacramento criminal attorney can explain the likely consequences of a particular domestic violence charge best, because this requires an understanding of how the local and state statutes and penal codes determine the gravity of the offense and appropriate punishment.

In general, California law establishes the baseline consequences for a domestic violence conviction. If convicted for a misdemeanor, the potential sentence includes minimum of a 52-week domestic violence course with behavior counseling, 40 hours of community service, a “No Contact Order” with the victim, and several different fines. Many times the prosecutor will not try to get the maximum fine and many judges will not opt for more than a month of jail time, though a maximum of a year is possible. In many cases, alternate sentences that increase the financial cost but eliminate jail time in favor of a work program are possible.

A felony conviction entails a similar domestic violence program, more community service, the same no contact order, significantly higher fines, and a minimum jail sentence of three months. Depending on the severity, this can take the form of a year or more in prison, or something less serious such as supervised probation. In either case, local statutes leave a wide range of sentences for the prosecution and the judge to choose from depending on all the related factors.

No matter what your circumstance, whether you are a victim of domestic violence or have been charged with the crime, you need a Sacramento criminal attorney immediately. The right attorney can help protect you, help you get the counseling or therapy you need, and see that local and California laws are executed fairly for the sake of the victim and the accused .The end goal is the appropriate sentence so that both people can lead better, safer lives.

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If you have been the victim domestic violence and want to press charges against your abuser but are afraid to do so, the first step you need to take is to reach out to a Los Angeles domestic violence attorney. Surprisingly, a Los Angeles criminal defense lawyer with domestic violence experience can often offer very sound advice as to your first steps depending on your circumstances. They will almost always include finding a way to make yourself safe from your abuser such as moving out.

You need to understand a few things about domestic violence. If you have been a victim, pressing charges may be emotionally and practically difficult, especially if the abuser is your spouse or the parent of your child. He or she may threaten you or attempt to prevent you from informing the police or testifying, which is illegal but can be quite coercive. And if the only evidence of the abuse is your word, the abuser’s defense lawyer will almost certainly attack your character in court, so you need to prepare to defend yourself despite your stressed emotional state. Once you have contacted a lawyer to begin preparing your legal charges, and moved out or done what you need to make yourself safe from the abuser, you should also call the police.

In dire circumstances, this should actually be your first step as the police should come and arrest the accused abuser and get him or her out of the house. They can also collect immediate evidence of the abuse at this point, or direct you to a police medical examiner to look for physical or emotional signs of abuse. This is important because this evidence will service as the primary foundation for your case and will make it more difficult for a Los Angeles criminal defense lawyer to weaken the case by assaulting your character. You will have to tell the police you want to press charges, and it can be difficult to persevere when put on the spot about having your partner tried for abuse. But in the end, nobody should live in fear of abuse, least of all children, so you will find you are doing the right thing to seek legal help and press domestic abuse charges.

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Domestic violence cases will be more difficult to prosecute following a U.S. Supreme Court decision that will make it harder for prosecutors to use out-of-court statements as evidence against defendants.

The court ruled that allowing a murder victim’s earlier reports to police to be admitted as evidence denies the suspect’s right to confront his accuser unless the killing was committed to silence the accuser.

The court ruled 6-3 to overturn the murder conviction of a Los Angeles man who shot and killed his girlfriend. The man claimed the killing was done in self-defense but was convicted after a police officer testified that the woman had reported that the man threatened her life.

Until 2004, prosecutors could introduce statements made by victims who were unable or unwilling to testify, including statements made to police.  Police can now testify about what they witnessed, but cannot repeat statements made by the victim unless prosecutors can prove that the victim was killed in order to silence him/her.

However, proving that a killing occurred to silence the victim is extremely difficult. The court’s ruling will also impact domestic violence cases where the victim is available to testify but unwilling to do so.

To learn more about prosecution and defenses to California domestic violence cases, contact a skilled defense lawyer from The Kavinoky Law Firm today for a free consultation