Prevention: How to Stop the Cycle of Domestic Violence

California domestic violence laws define domestic violence as physical, emotional or financial abuse that is directed at a family member (one’s child, grandchild, parent or grandparent) or at an intimate partner. Intimate partners, regardless of their sexual orientation, are significant others, former significant others, married, divorced, living together or formerly lived together, and those who have children together. When this type of abuse is targeted at one of the above listed people, the result is that the perpetrator will face specific Domestic Violence consequences in addition to the consequences that he or she faces for whatever crime he or she committed, because of the fact that the crime will be prosecuted as one of domestic abuse.

Domestic violence and, more specifically intimate partner abuse, is a real problem in this country and knows no ethnic, social or economic boundaries. It affects partners, families and children, friends and communities and has devastating, lasting effects on the abused. The goal of prevention is to stop Domestic Violence, and effective prevention should raise awareness about this growing problem, should stop abusive behavior and should empower victims of domestic violence to leave their abusive relationships. Although this country has made significant improvements in the ways that it responds to this issue, much more needs to be done to ultimately prevent the cycle of domestic violence.

Education is the key to the prevention of intimate partner violence. Counselors and medical professionals must receive training on recognizing the signs of abuse and how to approach an individual that they suspect is being abused. Victims must receive information on their rights and about resources that are available to assist them. The public must be made aware that domestic violence, in any form, is a crime and that offenders will receive severe punishment.

Prevention, in order to be successful, must address three issues. The first focuses on stopping the problem before it starts, which primarily is achieved through educating young persons about the problem. The second issue addresses services for “at-risk” individuals and provides resources to help these people identify known or suspected risk factors. This issue targets individuals, for example, who were either abused as children and therefore may be prone to domestic violence as adults, people with substance abuse issues, or anyone who may have exhibited violent behavior. The third issue is controlling behavior that already exists. This, for example, is punishment that a court imposes on a person convicted of a Domestic Violence-related crime as a result of the abuse that he or she already caused to his or her intimate partner or other family member.

Preventing domestic violence is the key to restoring and maintaining equality within a relationship that is affected by an imbalance of power. If successful, a couple or family will live in an environment that values respect, support, trust, honesty and accountability, responsible parenting, and economic equality, and that rejects violent, threatening and intimidating behavior.

If an individual thinks that he or she may be the victim of domestic or intimate partner abuse or thinks that he or she may need help for his or her own potential abusive behavior, there are signs and symptoms of domestic violence that are commonly recognized as requiring professional attention. Counseling and a host of other resources, easily accessible online, exist for both the victims of abuse and for the partners or family members who abuse those victims. Help is available for those who wish to seek it. The California domestic violence attorneys at The Kavinoky Law Firm can educate a DV victim about his or her rights and about where to get help, and will also fight for an individual accused of domestic violence. To discuss a domestic or intimate partner violence issue, contact The Kavinoky Law Firm today for a free consultation.

Battered Person’s Syndrome and its Role in a California Domestic Violence Trial for Criminal Threats

“Criminal threats” falls under California’s domestic violence laws when the individual who was threatened was the intimate partner of the accused. Intimate partners include persons who are married, divorced, cohabiting, dating, formerly dated and who have children together. When an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner, he or she could be found guilty of this domestic abuse crime. It doesn’t matter how the threat was delivered or whether the accused actually intended to carry out the threat. The only relevant fact is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Battered person’s syndrome is a recognized psychological condition that is becoming more prevalent in California’s D.V. cases. While it is more commonly called battered woman’s syndrome, battered women’s syndrome or B.W.S., it applies to both men and women who are consistently and/or severely victimized by their partners. The syndrome can be used to defend the actions of the accused or as evidence against a defendant. Because of its increasing frequency in intimate partner violence trials, it is critical for the accused to hire a criminal defense lawyer from The Kavinoky Law Firm who has experience dealing with battered person’s syndrome and who can skillfully use it to his or her client’s advantage or discredit it entirely.

Battered person’s syndrome may be used to defend the accused in a criminal threats trial based on evidence that the accused has also been victimized by his or her partner and honestly felt that the threat was necessary in order to avoid his or her own death or a serious injury. When used in this manner, the defendant is saying that he or she made the threat in self-defense, which can act as a defense to the crime. In order for this defense to work, it is imperative that the defendant has an attorney who understands the intricacies behind this syndrome and who will retain an expert witness to explain its significance to the judge and jury.

Battered person’s syndrome is more frequently used as evidence against a defendant, introduced by the prosecutor. This generally happens when the accuser recants his or her allegations. The prosecutor brings in an expert witness to testify that the accuser has been so severely abused by his or her partner that he or she is either changing his or her story or is refusing to cooperate out of fear for what might otherwise happen. A good defense attorney will anticipate this strategy and prepare for it by hiring a defense expert witness who will rebut this theory and address the many legitimate reasons why an accuser might recant.

The attorneys at The Kavinoky Law Firm receive ongoing training and education with respect to intimate partner abuse and the many evidentiary issues that commonly arise within these types of trials. They are well-qualified to successfully introduce battered person’s syndrome as a defense or to refute it should it be used against their client. When an individual is charged with making criminal threats against his or her intimate partner, the consequences are too severe to trust an inexperienced attorney. One of the knowledgeable lawyers at The Kavinoky Law Firm can outline a proven defense strategy during a free consultation.

DNA Evidence and its Role in a California Domestic Violence Criminal Threats Case

Domestic violence laws include a variety of crimes that are committed against one’s intimate partner. Intimate partners include heterosexual and same-sex partnerships where the individuals are married, divorced, living together, dating, formerly dated or have children together. In California, if an individual makes a criminal threat against his or her intimate partner, he or she will be charged with criminal threats as a domestic abuse violation and will be prosecuted accordingly.

“Criminal threats” is charged when an individual threatens, either verbally or in writing, to commit a crime against his or her intimate partner that will result in serious bodily injury or death to that partner. It does not matter if the accused actually intended to carry out the threat, only that he or she made it and that it was clear enough that the partner reasonably feared for his or her own safety or for the safety of his or her family. Depending on the circumstances of the charged incident, a defendant convicted of this crime faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

DNA evidence plays a vital role in convicting suspects and in clearing the falsely accused. A person’s DNA (deoxyribonucleic acid) remains constant throughout his or her life and is specific to that individual, which means that no two people, with the exception of identical twins, have the same DNA. The importance of that, and the reason that this type of evidence is being so widely used throughout this country, is if someone’s DNA can be collected from a crime scene or from physical evidence related to the allegation, it can either link the accused to the crime or exclude him or her from being involved in the crime.

DNA is found in virtually every cell in the body and is commonly retrieved from one’s blood, saliva, bone, skin tissue or hair. In a D.V. criminal threats case, DNA would likely be found in the saliva on a licked envelope that contained the threatening letter or on the accuser’s body or clothes if there was physical contact between the defendant and his or her intimate partner at the time of the alleged offense. If the defendant’s DNA was retrieved from these or from any other location that was involved in the charged incident, it may be easier to convict that individual for the crime. However, if someone else’s DNA was found on that envelope or on the partner’s body or clothes, it may be easier to clear the accused of that crime.

Because DNA evidence is becoming so prevalent in intimate partner abuse cases, it is critical that an accused hires an attorney who understands the science behind this type of evidence and who is familiar with the ways that it can be used during a trial. The experienced attorneys at The Kavinoky Law Firm receive ongoing training in domestic violence law and on the evidentiary issues, such as DNA evidence, that frequently arise during these types of cases. They have successfully defended countless individuals facing criminal threats charges by preparing the most comprehensive defense strategies possible.

Meeting with a Lawyer

Being arrested on a California domestic abuse charge can be one of the most frightening and overwhelming experiences an individual may ever have. Hiring the right attorney can help ease some of that anxiety as he or she can guide the accused through the criminal court process with experience and compassion. That being said, not all lawyers are created equal and it can be a daunting task to find the best representation. Here are some tips on how to make that decision easier during an obviously difficult time.

Try to get referrals from friends, family or associates. People who have experience dealing with a particular attorney or firm are the best resources. Local bar associations are also helpful as they can provide a list of local attorneys who specialize in criminal defense law. In addition, Internet searches are useful tools. Individuals can look at various attorney and firm websites to gain valuable insight as to what types of lawyers are out there. Random phone book or television advertisements should be avoided, as useful information cannot be reliably assessed from these sources.

Once the accused has a potential list of attorneys, he or she should contact the attorneys to set up consultations. Consultations can be either face-to-face at the attorney’s office or over the phone. Whether conducted in person or over the telephone, one of the most important things that a defendant should look for during a consultation is a feeling of trust.

Sharing the details of an intimate partner abuse incident can be a very emotional experience, which is why establishing trust is so important. The only way that a criminal defense lawyer can effectively represent his or her client is if the client discloses all facts and allows the attorney to decipher their importance and relevance. Honesty on the part of the client is crucial and, without it, that client’s defense is in severe jeopardy. It should be noted that even when an individual interviews a lawyer and does not ultimately hire him or her, that attorney still has an obligation to keep the entire conversation confidential.

The accused should have a list of questions to ask the lawyer and should also be prepared to answer a series of questions from the lawyer. The accused may want to ask questions about the attorney’s education and training, about his or her success rate with respect to similar domestic violence charges, and about how he or she keeps current with the law and cutting-edge trial strategies. It is crucial to hire a lawyer who has experience with California domestic abuse cases and laws. The attorneys from The Kavinoky Law Firm all receive extensive training and keep up-to-date on current criminal defense issues. They have successfully defended countless intimate partner domestic violence charges with integrity and skill.

A good lawyer wants to help a potential client understand the criminal process. He or she should make the individual feel that there is no such thing as a “stupid” question and should respond to all questions by giving meaningful answers. The tone and the extent in which the attorney answers the questions can be very telling about his or her knowledge on the subject. Additionally, a qualified attorney should ask the potential client very specific questions about the case and the events that took place prior to the accused’s arrest. He or she should also ask questions relating to the details about the arrest itself. If the attorney isn’t asking questions about the case, chances are that he or she is not serious about providing representation.

The bottom line is that an attorney should be honest, trustworthy, understanding and knowledgeable. The attorneys at The Kavinoky Law Firm exemplify those traits and take pride in exceeding client expectations. When things are at their worst, the attorneys of The Kavinoky Law Firm are at their best! Click here for a free consultation.

What to do when the abuser is also abused

California’s domestic violence laws include a variety of offenses and a variety of punishments. They can be charged as felonies or misdemeanors depending upon the extent of the violence and whether the complaining witness suffered an injury. The offenses include disputes between any intimate partners, whether or not the couple remains together. These partners may be married, cohabiting, have children in common, be divorced or separated, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

It is the very nature of these intimate relationships that give rise to highly charged, emotional disputes that can often spiral quickly out of control. Because the state is so strict with intimate partner abuse offenders, a conviction for domestic violence can jeopardize the offender’s family, career and freedom. Domestic violence statistics reveal that many times, there is not one true victim and one true offender in an abusive relationship, but that frequently, both partners abuse each other.

It is most often the case that when the police respond to a domestic abuse call, the person who called will be labeled the “victim” and the partner will be labeled the “abuser or batterer.” In most instances, the police rely on that assumption and then arrest the abuser, who, in a heterosexual relationship, is usually the man. As previously stated, however, there are times when the abuser has also been a victim of the abuse and, despite our society’s stereotypes, men are frequently abused in a number of ways by their female partners. When the abuser has also been abused, it is critical that he or she hire a criminal defense lawyer who will not only tell the accused’s side of the story but who will make sure that the judge and/or jury believe it as well. The attorneys at The Kavinoky Law Firm will do just that.

The experienced attorney will work closely with a private investigator to gather evidence that supports the accused’s side of the story. Evidence includes witness statements about the incident, medical reports, dated photographs of any injuries that the defendant sustained, police reports, weapons used by the partner, pictures of the home after the violent episode, household objects that were torn or broken by the partner, calls made to 911, and certified copies of the defendant’s partner’s criminal record. After this evidence is collected, the lawyer will devise the most effective strategy for not only defending the accused’s actions during the incident, but to highlight the fact that he or she was also a victim of the abuse and of the criminal justice system.

Additionally, if the defendant is in fear for his or her own safety, an experienced attorney can help that individual obtain an appropriate restraining order. A criminal lawyer will also help educate his or her client that if the partner violates the order, that partner will also face criminal charges. There is no reason why anyone needs to live in fear.

The well-qualified attorneys from The Kavinoky Law Firm are familiar with every aspect of a California domestic violence case and have successfully helped guide countless defendants through the criminal court process with compassion and respect. 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