California Domestic Violence can take on many forms:

• Financial abuse
• Emotional abuse
• Physical abuse
• Child abuse
• Elder abuse

Intimate partners (regardless of their sexual orientation) have children together, are married or divorced, live together or formerly lived together, are dating or were dating. Although domestic violence is a category of a type of abuse, any crime that is committed against one’s intimate partner or other stated family member will be prosecuted as a domestic abuse crime in California, which means that in addition to the penalties that the offender faces for the specific crime he or she committed, additional penalties will attach because the crime qualifies as one of domestic violence.

Signs of domestic violence are often the same in any relationship affected by domestic abuse or intimate partner abuse. The main sign is that an individual fears his or her intimate partner or another family member. Other signs come in a variety of forms and can be feelings within the abused individual, signs that are revealed in the abuser’s violent, threatening or controlling behavior or signs that are exhibited when an intimate partner or other family member belittles or criticizes his or her victim. Signs in a victim of such abuse can include feelings of self-hatred, helplessness and numbness.

Signs that suggest that a person may be the victim of domestic abuse include, but are not limited to, his or her intimate partner or other family member constantly monitoring his or her activities, isolating the victim, thereby preventing him or her from seeing other family members or friends, inflicting bodily injury upon him or her, sexually abusing him or her, criticizing or humiliating him or her, blaming him or her for the intimate partner or other family member’s own violent outbursts and threatening to hurt himself or herself, the person receiving the threat, their children, a pet or the personal property of the recipient of the threat.Others may often detect that a friend or family member suffers from these signs of Domestic Violence, but it is the victim of the abuse that must recognize that he or she identifies with these signs if he or she desires to seek help.

Symptoms of domestic violence are widespread and vary from person to person. There are, however, certain characteristics and behaviors that are exhibited by the majority of victims who suffer from domestic abuse that have devastating effects on these abused individuals. Some of the most common symptoms include low self-esteem, depression, anxiety and fear, health problems, eating disorders, withdrawal from others and anger. Many victims act out in destructive ways and are violent towards others and/or even themselves. Many contemplate or attempt suicide, and begin abusing drugs and/or alcohol or develop additional addictive behaviors. In addition, an individual who is physically abused may be seriously injured or even killed if he or she doesn’t leave the relationship.

Hotlines, classes and additional resources are available to both those individuals who are being abused by an intimate partner or by another family member, and to those who need help controlling their abusive behavior. The trustworthy criminal defense attorneys at The Kavinoky Law Firm have resources and referrals for those who wish to seek help or who need legal counseling about their rights and remedies regarding acts of domestic violence. In addition, these criminal defense lawyers specialize in California Domestic Violence crimes and will take the time to sit down with an individual accused of domestic abuse and listen to all of his or her questions and concerns, treating that individual with the respect and compassion that he or she deserves. To discuss familial domestic violence or intimate partner abuse, contact The Kavinoky Law Firm today for a consultation.

Batterer’s Classes and Violating a Protective Order

Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order in a domestic abuse case. California law defines intimate partners as couples who are straight or gay, married, divorced, cohabiting, have children in common, or who are dating or were formerly dating.

Violating a protective order in a California domestic violence case is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. Protective orders are orders issued by the court that bar the offender from specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. 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 and the fine may rise to $2,000.

In California, when a defendant is convicted for violating a protective order, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for one year. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The issues that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others. Within these categories, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats and acts that jeopardize the well-being and safety of children and other family members or friends. The program addresses effective ways to communicate in an intimate relationship as an alternative to violent expression and helps the batterer create equality within the relationship.

The instructors confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her own responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection and the impact that battering has on children who are victims and witnesses of intimate partner abuse.

California takes the violation of a protective order very seriously. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the offender takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their discretion and compassion, will make this difficult time a little easier. An experienced defense attorney can answer any questions about violating a protective order, about a batterer’s class, or about any other legal matter during a free consultation.

Eyewitness Accounts in a California Criminal Threats Domestic Violence Trial

California’s domestic violence laws encompass all crimes that involve intimate partners. Intimate partners are defined as persons who are heterosexual or homosexual and are dating, were formerly dating, living together, married, divorced or who have children together. When an individual is accused of making criminal threats against his or her intimate partner, the charge will be treated as a domestic abuse crime.

“Criminal threats” is an intimate partner abuse crime when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to that partner. The form of the threat doesn’t matter, as it could be conveyed in person, over the phone, in a letter, by a third person or in any other manner so long as the partner receives the threat. On that note, the partner must not only receive the threat but must actually and reasonably be in fear as a result. Even if the accused didn’t intend to actually commit the threatened crime, he or she can be convicted for making criminal threats if the threat was perceived as real.

Domestic violence usually occurs in private. Because of that fact, there are not many D.V. cases that involve eyewitnesses. When there is an eyewitness, however, he or she can either make or break the case for either side.

Although an eyewitness is simply supposed to tell the truth as to what he or she saw, many eyewitnesses either embellish their story to prolong their “fifteen minutes of fame” or skew their story to favor one side or the other. Many times an eyewitness will see only part of the charged incident without realizing that there were several events that led to what they saw. It is up to the defense attorney to make sure that the judge and jury know the back-story on what took place before the alleged threat, so that they have an accurate understanding of whether the “threat” should have been reasonably perceived as such, whether the witness misread a private situation between two individuals or whether the witness was overzealous and wanted to testify out of loyalty to or hatred for one of the parties.

An experienced criminal defense lawyer knows how to turn any eyewitness, even a prosecution witness, into his or her own. The attorneys at The Kavinoky Law Firm excel in cross-examination and will take a witness who thinks they are testifying against the defendant and ultimately use that witness to help the accused. The attorney will highlight discrepancies in the witness’s testimony, call his or her credibility into question when appropriate and will use that individual to make the defense appear more plausible. A skilled defense attorney will also take the time to prepare any defense witnesses so that they know what to expect when they “take the stand” and are ready to answer questions not only from the defense but from the prosecutor as well.

A criminal threats charge is a serious matter that, depending on the circumstances, may be filed as a misdemeanor or a felony, punishable by up to one year in jail or prison. When charged with this domestic abuse crime, especially if there was an eyewitness to the alleged threat, it is crucial that the accused hires an attorney who is not only familiar with California domestic violence law but who knows how to prepare a defense witness for trial and who excels in cross-examination. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless intimate partner domestic violence cases because they know all the complexities of this type of crime and have what it takes to win. An experienced defense lawyer can answer any questions about a California domestic abuse case during a free consultation.

Prior domestic violence charges and/or convictions

California’s domestic violence laws are among the strictest when it comes to punishing offenders. Defendants can face the consequences of a domestic abuse conviction. These include heavy fines and hefty jail and prison sentences in addition to irreparable damage to their reputations. If someone is charged with a domestic violence crime and has a prior charge for any domestic violence crime – even if there was no conviction – that evidence may be introduced by the prosecution in the pending case. This type of evidence usually infuriates a judge and jury, resulting in even more severe penalties for the defendant. The best way to exclude prior evidence and, in turn, avoid being prosecuted to the fullest extent of the law, is to hire a skilled criminal defense attorney from The Kavinoky Law Firm.

In California, domestic abuse charges involve disputes between any intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common, and who are or used to be dating.

As social awareness about intimate partner abuse continues to grow, the legislature is taking a tougher stand on offenders. The system shows its clear bias against the accused by allowing evidence of prior charges of domestic violence – something that is unheard of in other areas of the law. Under most circumstances, evidence of previous charges are never allowed to be introduced as evidence because the court knows that a jury will have a difficult time separating the past conduct with the pending allegations. The fear is that a jury will convict a person based on what they did in the past instead of judging him or her based solely on the evidence of the allegations before them. Prior evidence always creates unfair prejudice against a defendant and is usually excluded because of that fact.

However, under California’s domestic violence laws, evidence of past conduct involving domestic abuse is admissible as evidence against the defendant in a pending case. Under this rule, it is not even necessary that the charges resulted in a conviction. This means that even if the prior allegations were proved false or if there was an acquittal, the evidence has the effect of being introduced as evidence that the accused has a history of intimate partner abuse and would therefore likely abuse again. The previous charges don’t have to involve the same victim, don’t have to have occurred in the same way or have any other relationship to the pending crime. In addition, courts will often allow this type of evidence even if the past conduct was alleged years ago. This type of evidence is devastating to a defendant who is supposed to be presumed innocent until proven guilty.

All hope is not lost, however. A good criminal defense lawyer knows the arguments to present that may persuade a judge that this type of evidence should be excluded. A skilled attorney will make all the appropriate Constitutional arguments and will clearly explain to a judge why admitting evidence of prior domestic abuse charges will unfairly prejudice a defendant and prevent him or her from receiving a fair trial. Hiring an aggressive, experienced attorney from The Kavinoky Law Firm will help to ensure that previous domestic violence charges are not introduced as evidence in a pending case. The best way to avoid being unfairly characterized and to make sure that a fair trial awaits is to immediately consult a skilled defense attorney. Click here for a consultation.

Sentencing Alternatives

Drug cases, more than any other type of cases, recognize that treatment is far more appropriate than jail or prison in helping people deal with a drug problem. But if you have been arrested for a drug-related offense, there are different treatment options, each with its own pros and cons. Alternatives include Diversion, Drug Court, and Proposition 36.

Each of these choices has different requirements for their successful completion. The accused may be eligible for one or more of these alternatives. A knowledgeable Southern California Criminal Defense Lawyer who cares about your personal situation will be able to help you make the best decision about which avenue to take. Criminal defense lawyers who emphasize drug possession cases and drug sales cases should be aware that alternative sentencing programs are available to those individuals charged with drug-related cases. Diversion, drug court, and Proposition 36 are the three most popular alternative sentencing programs in California. However, there are negatives associated with each, and a criminal defense lawyer may be able to avoid all of these programs by the aggressive defense of the underlying case.

It is a fundamental concept in criminal law that there are two phases to a conviction: the guilty plea (or verdict), and the sentence which is imposed by the judge. In criminal cases, nothing is final until the time of sentencing. It is the sentence being imposed which creates the criminal record, not the guilty plea or even the finding of guilt by a jury. Diversion, for example, involves a person entering a guilty plea, but not being sentenced by the judge. Instead, the case is continued for a period of time, during which the accused participates in various educational programs. If these programs are successfully completed, the case is dismissed and no conviction is ever entered in the record. However, there are dangers associated with this course of action as well. During the course of the educational programs random drug tests are given. If a diversion participant tests positive for drugs while the case is pending, diversion may be terminated and the case returned to court. In that scenario, the judge already has obtained the guilty plea, and the only thing left is for the person to be sentenced.

Typically, these types of drug cases usually involve lengthy jail terms. This is why it is vital that a criminal defense lawyer use every means that are legally appropriate to attack the underlying case. This may be through a Motion to Suppress Evidence, or through a negotiated plea to a non-drug-related offense.

While all of the sentencing alternative described here have tremendous value, it is critically important that a criminal defense lawyer has the opportunity to carefully scrutinize your criminal case to determine which, if any, of these sentencing alternatives are appropriate in a given situation.

The Kavinoky Law Firm is 100% dedicated to the defense of criminal cases, and would be happy to provide a consultation to you at no cost or obligation.

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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