Civil Penalties Associated with a California Domestic Violence Criminal Threats Accusation

Criminal threats is a California domestic violence charge when the recipient of the threat is the intimate partner of the individual who issued the threat. Persons are intimate partners (regardless of whether they are involved in heterosexual or homosexual relationships) when they are dating, formerly dated, married, divorced, living together or have children together.

A domestic abuse charge based on criminal threats may be filed 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 the partner. It is irrelevant that the individual didn’t actually intend to follow-through with the crime, as the only relevant fact is that the partner, upon receipt of the threat, was reasonably in fear for his or her safety.

Criminal threats, in a criminal court, is a charge that would be filed by a prosecuting agency, not by the “victim” or recipient of the threat, as many incorrectly believe. In civil court, it would be the “victim” or intimate partner that was threatened (who becomes known as the plaintiff) that would sue the individual who made the threat for this “tort,” “wrong” or “cause of action.” Criminally, a defendant must be found guilty “beyond a reasonable doubt” (which is the highest burden of proof that exists) before he or she can be convicted. Civilly, the judge or jury must only be convinced that there is a “preponderance of the evidence” (which means greater than a 50% chance) that the defendant threatened his or her intimate partner.

In a criminal court, a defendant who is convicted of this charge faces up to one year in county jail or prison, depending on whether the crime was charged as a misdemeanor or a felony, and several additional penalties as well. In a civil court, an individual who is found liable for this tort may face substantial fines but cannot be sentenced to imprisonment. The individual may be required to pay up to three different types of monetary damages to his or her intimate partner for making criminal threats against that intimate partner. When an exact dollar amount can’t be calculated for the wrong caused to the intimate partner, he or she will be awarded “general” damages. Damages for “pain and suffering” are typically awarded under this category. If the recipient of the threat has out-of-pocket expenses (such as hospital bills, attorney’s fees or the cost to replace or repair any damaged personal property) that were incurred as a result of the threat, he or she would be entitled to “special” damages. The third type of damages that the intimate partner may be awarded are “punitive” damages, which are imposed to punish willful or malicious misconduct and are awarded over and above special and general damages.

A Civil Protective Order will be issued in addition to monetary damages if it is proven that the plaintiff is reasonably in danger. A Civil Protective Order is like a Criminal Protective Order in that it will likely prohibit the offender from coming within a certain distance of the plaintiff to prevent further threats or abuse. A much more restrictive order may be imposed if justified by the facts presented at trial. A civil protective order lasts for a period of three years.

Making criminal threats against an intimate partner has many serious consequences, both civil and criminal. With that in mind, it is critical that an individual accused of this crime contacts a criminal defense lawyer who can defend against the charge. The attorneys at The Kavinoky Law Firm have experience dealing with California’s intimate partner abuse crimes and have successfully defended countless criminal threats cases. They are equipped to aggressively tackle any criminal case and can provide referrals for civil defense attorneys where appropriate. An experienced defense lawyer can answer questions about a California domestic violence case during a free consultation.

Mandatory Probation Requirements Imposed in a California Domestic Violence Criminal Threats Sentence

“Criminal threats” qualifies as a California domestic violence crime when the defendant threatens his or her intimate partner. Intimate partners are dating, were formerly dating, living together, have children together, married or divorced. They can be heterosexual couples or same-sex partnerships.

Criminal threats can be charged against a person who threatens to commit a crime against his or her intimate partner that will result in serious bodily harm or death to that partner if committed. If the partner reasonably feared for his or her safety as a result of the threat, the fact that the accused didn’t actually intend to carry out the threat is irrelevant. In addition, the form of the threat doesn’t matter, so long as the partner receives it and feels threatened.

If convicted for making criminal threats, the defendant faces up to one year in the county jail or state prison, depending on whether the charge was sentenced as a misdemeanor or a felony. In addition, if the offender is granted probation, he or she will face further penalties that must be imposed on any person placed on probation following a conviction for a California intimate partner abuse crime.

Probation for an individual convicted of making a criminal threat against his or her intimate partner will last for at least three years. Probation will be formal if the charge was sentenced as a felony or informal if it was sentenced as a misdemeanor. During that time, the convicted individual is responsible to follow through with certain specified conditions and must complete all requirements without further violating any laws.

Following his or her conviction for criminal threats and once placed on probation, the defendant must get “booked” within one week if he or she wasn’t booked prior to conviction. This means that the defendant must be fingerprinted, photographed and entered into a criminal database. A criminal protective order will also be immediately issued against the offender to prevent additional threats or abusive behavior towards his or her intimate partner. Depending on the facts that surrounded the charged incident, a judge may impose a residence exclusion and/or stay-away conditions.

D.V. convictions require that the defendant pay certain fines when convicted and placed on probation. The offender will be required to pay a minimum of $200 to various domestic abuse funds throughout the state. His or her ability to pay will be taken into consideration by the court when it imposes this condition.

A domestic violence criminal threats probationer must also attend a batterer’s class. The offender must attend at least 52 two-hour weekly classes and, depending on the circumstances that surrounded the charge and the defendant’s personal history, a judge may also order the defendant to attend a drug and/or alcohol program. A specified number of hours of community service will also be required.

Before a judge will modify, terminate or revoke probation, he or she will consider the defendant’s ability to comply with its terms and his or her willingness and diligence in doing so. If the court doesn’t think that the defendant is appropriately progressing, it may revoke probation, which means that the maximum one-year jail or prison sentence will likely be imposed. A skilled criminal defense lawyer will help keep these requirements to a minimum and will argue against modification or revocation if it is in the best interests of his or her client.

The attorneys at The Kavinoky Law Firm sympathize with their clients and treat each with compassion and respect. They will do their best to guide their clients through the probation process with ease, helping to ensure that each client completes his or her requirements as conveniently as possible. The experienced defense lawyers can answer questions about the penalties that result from a domestic abuse criminal threats conviction during a free consultation.

Classes and Resources for People Involved in Abusive Relationships

California courts typically issue protective orders in domestic violence cases involving intimate partners that bar an offender from committing specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Intimate partners may be married, divorced, living together, have children in common, dating or formerly dated and may be straight or gay.

Anyone who fails to comply with the court’s direction can be charged with violation of a protective order. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. If the violation results in physical injury to the accuser, 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. California courts can even punish an offender for violating an order in California that was issued in another state.

California has taken a stand on intimate partner abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences that a defendant faces for violating a protective order that was issued to protect his or her intimate partner are severe because the state hopes to deter the offender from engaging in further illegal conduct.

In an effort to try to put an end to domestic 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 is 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.

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 individual 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. The locations of these shelters are kept a secret from the public to 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 and develop their independence.

Individuals affected by domestic abuse 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 offenders and then lists several of the state’s programs under each category. The National Domestic Violence Hotline is another great resource both online and via telephone (1-800-799-SAFE). In addition, the compassionate, discreet and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs.

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.

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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

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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.