Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.

Sex Offender Management and Sexual Battery

In California, when an individual is convicted of certain sex crimes, including sexual battery, he or she is required to register as a sex offender with a local law enforcement agency. Prior to being placed on probation, or prior to being released from jail or prison, the convicted defendant will be notified in writing of his or her duty to register, and the Department of Justice (DOJ) receives a copy of that notification.

Sexual battery is a California domestic violence offense that can be charged against any partner in an intimate relationship. Under California law, intimate partners can be heterosexual or homosexual couples who may be married, divorced, living together, have children together, or be dating or formerly dating.

Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse faces a sexual battery charge. Any type of physical contact, however slight, can constitute touching in a California sexual battery case. It doesn’t matter whether the contact is direct or occurs through the clothing of either individual. Even someone involved in an ongoing intimate relationship can face a sexual battery charge.

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. While that is the maximum prison sentence and fine that can accompany a first time sexual battery conviction, it is not a complete list of the penalties that face the offender. Perhaps the most severe, because of its social stigma, is mandatory registration as a sex offender.

Registered sex offenders must update their information annually, within five days of their birthday. However, if an offender moves or changes his or her name after an update, he or she is required to notify the local law enforcement agency within five days of that date. Certain sex offenders must update more frequently than yearly, such as transients (people who don’t have legal addresses) and sexually violent predators.

This information is maintained in the sex offender tracking program at the DOJ, which is posted on the Internet under certain circumstances. The program keeps track of each individual’s upcoming required update and also keeps track of violations of those updates. The DOJ updates their sex offender database daily, based on information that it receives from various law enforcement agencies.

Once registered, an individual’s information (either full address and other pertinent information or a zip code with other pertinent information) can be found online at www.meganslaw.ca.gov, which is the California website run by the Office of the Attorney General, Department of Justice. However, not every registered sex offender will appear on the Internet, because about 25 percent are excluded from public disclosure. Whether or not one’s information can be publicly disclosed is based on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” sex crimes may apply for exclusion. Included in that list is a person convicted of sexual battery who unlawfully restrained the victim.

California was the first state to enact a sex offender registration law, about 45 years ahead of most other states. It is also one of the toughest states on its intimate partner abuse offenders. With this being the case, it is imperative that one who is accused of a domestic sexual battery immediately hires a qualified criminal defense lawyer who is familiar with every aspect of a sexual battery case and can effectively implement all its defenses. The attorneys at the Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. An experienced, caring defense lawyer can answer any questions about a sexual battery charge or another California domestic violence during a free consultation.

Eyewitness accounts and their role in a stalking case charged under California’s domestic violence laws

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 share an intimate relationship or were once involved in an intimate relationship and can be heterosexual or homosexual partners. Examples 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, placing that partner in fear, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking is a crime that may frequently go unnoticed by anyone other than the victim. The “stalker” may keep a low profile, making it so that only his or her intimate partner even sees him or her. When this type of situation occurs, it may be difficult for an unbiased eyewitness to come forward, as he or she wouldn’t likely be aware that a crime was even taking place. If, however, either the suspect or the suspect’s intimate partner was with someone when an alleged incident occurred, that individual could be called as a witness if an intimate partner abuse stalking charge was actually filed. If the stalking occurred in a very blatant manner, there could possibly be unbiased witnesses who would voluntarily speak to the police about what they witnessed who would then likely be called by the prosecution in a stalking trial.

Eyewitnesses can sometimes help reveal the truth behind a charge. Domestic violence usually characterizes a highly emotional, volatile relationship where the partners will more than likely have two different versions of events when any type of incident occurs. Eyewitnesses to an incident can therefore be very helpful in sorting out the real story. It should be noted, however, that although an eyewitness is simply supposed to share what he or she witnessed in an unbiased manner, this isn’t always the case. Many witnesses will offer to testify in an effort to help a friend, in an effort to hurt someone they don’t like or out of a sheer willingness to feel like they’re doing something important, even if they really didn’t see much or any of an event take place. This is why it is so important for the accused to hire a criminal defense lawyer who is savvy enough to judge a witness’s credibility and who excels in examination and cross-examination so that he or she can elicit the story that best defends his or her client.

The experienced attorneys at the Kavinoky Law Firm know how to turn any eyewitness, even a witness who was presented by the prosecution, into a witness who will ultimately help the defense. They have successfully defended countless individuals charged with stalking as an intimate partner violence crime because of their excellent witness preparation and examination skills. The aggressive attorneys will vigorously cross-examine a prosecution’s eyewitness, pointing out all of the discrepancies in his or her testimony to the judge and jury and will reveal why that that particular witness can’t be trusted. The hard-working Kavinoky attorneys will also take the time to thoroughly prepare any defense witnesses so that they understand what to expect once they take the stand and are comfortable answering questions from the attorneys representing both sides.

Eyewitness accounts in a D.V. stalking trial can help or hurt either side, depending on the strength of each attorney’s examination skills. The consequences of a DV stalking conviction are too severe to trust to an inexperienced attorney. The unparalleled attorneys at the Kavinoky Law Firm receive ongoing training in witness examination and cross-examination which has lead to their outstanding reputation. Keeping the jury in mind, they understand that sometimes a witness will require kid gloves and that sometimes a witness should be aggressively attacked. They are in it to win! If charged with stalking as a domestic abuse crime, please click here for a free consultation.

 

California’s domestic violence laws apply to all crimes that are committed against one’s child, one’s parent or one’s intimate partner. Intimate partners are people who are or were involved romantically and include spouses, former spouses, significant others, former significant others, people who live together or who used to live together and people who have children together. Although many different crimes can be charged as crimes of domestic violence, domestic violence will usually involve some type of emotional abuse.

Emotional abuse, also commonly referred to as psychological or verbal abuse, is a type of domestic abuse that, studies suggest, is even more harmful than physical abuse. It is thought to be widely underreported, because it is difficult to identify and/or prove, and because it is usually intertwined with other types of abuse.

Emotional abuse is perhaps so damaging because it can ultimately make a victim completely lose his or her self-esteem and believe that he or she is stupid, worthless and deserves the abuse. It takes place when an individual intimidates, threatens and/or harasses his or her intimate partner or other family member in an effort to gain control over that person. Some common forms of psychological abuse include shaming, mocking or criticizing another person, isolating that person from other people, destroying another’s personal property or pets in an effort to invoke fear in that person, blaming another for one’s own violent actions and issuing “blackmail-type threats” where an individual threatens to harm or kill him or herself, the intimate partner or their child/children. When a victim reacts to this type of verbal abuse, often with tears or apologies, the perpetrator will often further mock or ridicule the partner or other family member, which sends more messages to the victim that he or she is, in fact, useless.

As difficult as it may be to understand, many victims of emotional intimate partner abuse do not leave their partners. They have been conditioned to believe that they are in a hopeless situation, not worthy of another’s love and perhaps “too stupid” to make it on their own. The abuser makes his or her partner feel like that partner needs the abuser to survive and, in the honeymoon phase (one of the phases in the cycle of abuse), the perpetrator makes his or her partner believe that he or she is the one who can’t live without the abused partner. An emotional abuse victim who doesn’t leave his or her abuser may also suffer from a psychological condition known as “battered person’s syndrome” which serves as an explanation for why he or she suffers and doesn’t flee a destructive relationship. While battered person’s syndrome and the cycle of abuse primarily pertain to intimate partner relationships, emotional abuse will be defined as child abuse when directed at one’s child and can also be a type of elder abuse as well.

People who are repeatedly exposed to emotional abuse, regardless of whether they are adults or children will exhibit certain common symptoms or behaviors as a result. Emotional domestic abuse victims will usually suffer from extremely low self-esteem, may have difficulty trusting others or forming relationships with others, are fearful, anxious and depressed and may develop serious health problems. Children who are the victims of their parent’s emotional abuse will suffer from the above listed symptoms and will likely suffer a host of additional emotional, behavioral, developmental and academic problems. Studies reveal that emotionally abused children often either attempt suicide or commit suicide due to their feelings of worthlessness.

If any of this information sounds familiar, help is available. The experienced domestic violence attorneys at The Kavinoky Law Firm can counsel a victim of emotional abuse as to what his or her legal options are and will help an individual charged with an intimate partner abuse crime by providing the most comprehensive defense possible. Contact the criminal defense lawyers at The Kavinoky Firm today for a consultation.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They not only know the intricacies behind each and every evidentiary issue that may arise, but they know how to successfully use each to their client’s advantage.

Domestic battery, which is also referred to as “spousal abuse” or “spousal battery,” is a domestic violence offense in California that applies to any intimate partners. The phrase “intimate partners” includes heterosexual and homosexual couples, individuals who are married, divorced, living together, or have children in common, or even dating or formerly dated.

A battery charge can result any time an individual willfully and unlawfully uses force or violence upon an intimate partner. This offense is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant who used the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

The following are some of the issues that are likely to arise in a domestic battery case:

• Battered Person’s Syndrome (more commonly called battered women’s syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
• Physical evidence can be a huge issue in a battery case. Because this crime doesn’t require that the victim actually suffer an injury, a battery can be charged with no physical proof of the force or violence. Photographs or medical records showing actual injury are therefore helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an experienced attorney.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Domestic violence law is technical and complex, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm 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