Violating a Protective Order

Protective orders are issued by courts in California domestic violence cases to prohibit an offender from committing specific acts of abuse, re-entering his or her own home or even behaving in a certain way. Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws.

Domestic violence laws apply to any type of intimate partners – whether they are married, divorced, cohabiting, have children in common, dating or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Any violation of a protective order is a misdemeanor punishable by a maximum sentence of one year jail time and a $1,000 fine. 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 addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time. California courts may even punish an offender for violating an order in California that was issued in another state.

Every crime has specific elements or facts that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “Not Guilty.” In order to find the accused guilty of violating a protective order, the prosecutor must prove five elements:

The first element is that the court issued an order that prohibited the defendant from taking a specific action. In order to prove this element, the prosecution must only show that the court issued an order, which is available in the court file. The second element is that the order was issued in a domestic violence case (which means that the named parties were intimate partners), prohibiting the accused from certain conduct. The third element is that the defendant knew about the order and what it said. The prosecutor doesn’t have to prove that the accused actually read the order, only that he or she had the opportunity to read it or to learn about its contents. The fourth element is that the defendant had the ability to follow the order. This means that he or she didn’t face an obstacle that made it impossible to follow the court’s instructions. The final element that the prosecutor needs to prove is that the accused willfully violated the court’s order, which means that the violation wasn’t the result of a mistake or an accident.

In addition, if the prosecution alleges that the defendant’s violation of the court order resulted in physical injury to the protected party, the prosecutor must prove an additional element that states that it was the accused party’s violation of that specific order that caused the victim’s injury.

In California, a conviction for violating a court order is no joke, as a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless intimate partner abuse cases, contact the experienced attorneys at The Kavinoky Law Firm for a free consultation.

Domestic battery, also called “spousal battery” and “spousal abuse,” is a California domestic violence offense involving intimate partners. The term “intimate partners” can include individuals who are heterosexual or homosexual, who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Under California law, domestic battery is a “wobbler,” which means that the offense can be charged as either a misdemeanor or a felony depending on the facts of the case. Willfully and unlawfully inflicting force or violence upon an intimate partner is typically charged as misdemeanor battery and carries a maximum penalty of a one year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge.

However, if serious bodily injury occurs, such as broken bones, loss of consciousness or a concussion, the offense likely will be charged as a felony punishable by a maximum of four years in state prison.

When an individual is convicted of this domestic abuse crime, there are several mandatory penalties that will be imposed, and other penalties that may be imposed. One of the possible consequences that a defendant convicted of battery may face is a restriction on his or her professional license.

Under California law, a licensing board may suspend or revoke a license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. It does not matter whether the conviction was the result of a jury trial, a Guilty plea, or a No Contest plea. This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards that maintain their own standards and practices related to disciplining their license-holders that may be even more restrictive.

In order to defend against a professional license restriction, it is very beneficial to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a domestic battery conviction (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney will recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

If either facing a battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at The Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! To discuss a potential professional licensing restriction, or any other legal matter, click here for a free consultation.

Domestic violence and the military

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners: cohabiting couples, former spouses or fiancés/fiancées, people who are or were dating, and same-sex partnerships. The military, however, limits intimate partners to current spouses and has their own way of handling the problem. Although most military cases involve husbands abusing wives, there are cases where the husband is the victim.

A family abuse case will usually go one of two ways if a member of the military is involved: The case will either be handled by the military justice system or by the Family Advocacy Program.

Under the military justice system, the military commander is in charge of enforcing order and discipline. He or she does so within each unit by using methods ranging from mild administrative measures, including formal or informal counseling, to full-blown General Court Martial, where an individual can be sentenced to severe disciplinary action, including military discharge. This system is penalty driven.

The more common route, the Family Advocacy Program, is an identification, intervention, and treatment program, not a punishment system. It should be noted that information obtained under the Family Advocacy Program may be used as evidence in the military justice system if the case isn’t first settled within the program.

Under family advocacy, military officials assess the alleged abuser to determine whether the individual would benefit from treatment and, if so, what treatment would be appropriate. As for the victim, an advocate is assigned to assess his or her safety and to help develop a safety plan for the family. Throughout the process, victim advocates ensure that the victim’s medical, mental health and protection needs are being met.

In a number of situations, spouses have reported being afraid to report abuse because of financial concerns about the implications of a discharge. Federal law has taken that into account and has set aside financial protections for spouses and children of members of the military who are discharged for committing domestic violence crime.

Although a domestic abuse conviction can end a service member’s military career, it doesn’t have to. Department of Defense officials state that most military spousal abuse is reported early, when chances of successful treatment are good. Some abusers even self-report before the problem becomes chronic or severe. Taking quick action means that an abuser’s military career isn’t necessarily impacted.

The bottom line is that the military is taking a stand against intimate partner abuse. For years, victims of abuse by members of the military complained that they weren’t taken seriously or that their complaints were “swept under the rug.” This is no longer the case. The military is following the rest of the nation in trying to combat this epidemic. Domestic violence victims are now being heard and abusers, whether civilians or military personnel, are being held accountable.

For more information, please contact The Kavinoky Law Offices for a free consultation about this or any other criminal matter. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best!

Prior Convictions and Violating a Protective Order

Prior domestic violence convictions can increase the penalties of a California conviction for violation of a protective order. Protective orders are issued by the court in domestic abuse cases involving intimate partners, and prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Under California law, any relationship is considered an intimate partnership – heterosexual and gay couples who are married, divorced, cohabiting, have children in common, or who are currently or formerly dating.

Intentional violation of a protective order is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the accuser suffered physical injury, the offender faces mandatory jail time of at least 30 days and the fine may rise to $2,000.

A one year jail sentence is the maximum amount of jail time that a defendant convicted of violating a court order could possibly serve. Absent physical injury to the protected party, the law says nothing about mandatory jail time for an offender. This means that if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of violating a protective order and has been previously convicted of violating a court order, he or she will likely serve mandatory jail time. If the defendant’s current case involves an act of violence or a credible threat of violence and he or she has a prior conviction for a violation of a protective order that occurred within seven years of the current case, he or she faces up to one year in jail or prison. Although there is no mandatory jail or prison sentence with these facts, the court will most likely issue a sentence that includes jail or prison time, because it will reason that the defendant should have known better, having previously been in a similar situation.

Similarly, if the accused is convicted of violating a protective order that resulted in physical injury to the protected party and he or she has a prior conviction for violating a protective order within one year of the current case, he or she will face at least six months in jail or prison, possibly up to one year, and a fine of up to $2,000. There are circumstances, however, where the defendant would only have to serve 30 days in jail, which is another reason why it is important to have professional legal representation. A skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic abuse convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence is admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

When charged with violating a protective order – especially when one has a history of prior violations – it is imperative to hire a qualified criminal defense attorney who is familiar with all of the issues that prior acts of domestic violence raise. The attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. A skilled defense lawyer can answer any questions about a California domestic violence charge during a free consultation.

 

Battered person’s syndrome, more commonly called “battered woman’s syndrome,” “battered women’s syndrome,” or “BWS,” is a recognized 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. Battered person’s syndrome in a domestic violence case is frequently used either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. This syndrome can carry a lot of weight before a jury and it is therefore imperative to hire a skilled defense lawyer from The Kavinoky Law Firm who is familiar with California domestic abuse cases should this syndrome and its effects be introduced into evidence.

There are four general characteristics of this syndrome which all focus on the abused believing that the violence is his or her fault and fearing for his or her safety and the safety of his or her children. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime, battered person’s syndrome may be introduced as a defense to the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when its “star” witness – the “victim” – decides not to testify or cooperate. The prosecutor argues, usually through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The bottom line is that battered person’s syndrome is a condition that the courts take very seriously. In today’s society with social awareness about intimate partner abuse constantly on the rise and the judicial response of increasing penalties for offenders, it is critical to hire an exceptional lawyer. The attorneys at The Kavinoky Law Firm have the training and experience to handle any domestic violence case. They have successfully defended countless cases with skill, discretion and compassion. Click here for a consultation and to secure the best representation available.

California’s domestic violence crimes fall under three categories: Misdemeanors, felonies and what are known as “wobblers.” Misdemeanors are crimes that are punishable by fines and/or up to one year in a county jail. Felonies are crimes that are punishable by fines and/or incarceration in a state prison. Wobblers are crimes that, depending on the circumstances that surrounded the alleged incident, may be prosecuted as either a misdemeanor or as a felony. The expungement of a domestic abuse conviction is possible but will depend on how the crime was charged.

Expungement refers to the cleansing of one’s criminal record. It is a process by which one’s court file is sealed and it allows an individual to honestly claim, under most circumstances, that he or she has never been convicted of a crime. Expungement is most helpful to individuals who are seeking employment, housing, higher education and simply peace of mind.

Persons convicted of Domestic Violence offenses, whether they were sentenced as misdemeanors or as felonies without prison time, are entitled to an expungement. If probation was granted in a misdemeanor conviction or in a felony conviction where a prison sentence was not imposed, the individual may be entitled to withdraw his or her plea of “Guilty” or “No Contest” and enter a plea of “Not Guilty” or may have a “Guilty” verdict set aside if he or she was convicted following a trial. Either way, the court must dismiss the charge if the defendant’s probation was terminated early or if he or she fulfilled all of the probation terms, and is not serving a sentence for any other offense, on probation for any other offense or charged with any other offense. If, however, while on probation, the offender incurred a probation violation, the court may decide whether or not to dismiss the charge. For strategic reasons, a skilled criminal defense lawyer will first ask the court to reduce a felony conviction that is a “wobbler” to a misdemeanor before asking the court to dismiss the charge.

It should be noted that even if a conviction is expunged, there are certain times that it will still be relevant and/or must be disclosed. For example, an individual must still report his or her conviction if he or she is applying for public office, for licensure by any state or local agency or for contracting with the California State Lottery. In addition, expungement does not lift the requirement that a registered sex offender must remain registered for life or lift any firearm restrictions that were imposed upon conviction. Finally, if a person subsequently suffers another DV conviction, the prior conviction will still be used to increase the sentence in the pending case if the defendant is ultimately convicted.

An individual with a felony intimate partner violence conviction that resulted in a state prison sentence will seek relief through a Certificate of Rehabilitation and Pardon. This certificate is applicable to an individual who has lived in California for at least three years and who leads an honest life, free from any additional criminal convictions for a specified period of time, depending on the intimate partner abuse crime that he or she committed. If granted, the certificate is forwarded by the court to the Governor and acts as an application for a pardon. A Governor’s Pardon will only be issued when an individual demonstrates that he or she is reformed and has become a useful, productive member of society.

Only a qualified criminal attorney should petition for expungement or for a Certificate of Rehabilitation and Pardon. The experienced attorneys at The Kavinoky Law Firm specialize in California domestic violence law and know all of the evidentiary issues, both pre-trial and post-conviction, that are applicable to this technical area of the law. For unparalleled assistance in cleansing one’s domestic abuse conviction, contact The Kavinoky Law Firm today for a free consultation.

Infliction of Injury Penalties

Infliction of injury, also known as spousal abuse, is a California domestic violence offense. Infliction of injury can be charged against any kind of intimate partner – either married, divorced, or living together. The individuals can be former cohabitants or have children together. They can be heterosexual or same-sex partnerships. If an individual inflicts an injury, even a minor one, upon the body of an intimate partner, he or she can face felony charges punishable by up to four years in prison and a fine of up to $6,000.

Although the penalty just described lists the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors and/or prior domestic abuse convictions will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), he or she remains on probation for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a Criminal Protective Order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.

An individual convicted of infliction of injury who also has any prior domestic violence convictions within seven years of his or her current offense faces an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first-time offender. This means that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine in addition to his or her mandatory terms of probation.

If there are aggravating factors, which are facts that surround the charged incident that make the incident seem even worse, the judge will likely issue the maximum sentence allowed by law. Examples of aggravating factors include a child witnessing the abuse or a victim suffering significant bodily injury. In an infliction of injury case, if the victim in fact suffers serious bodily injury as the result of the defendant’s force, the defendant may be subject to an additional three to five years in state prison, which means that he or she faces incarceration for up to nine years.

A conviction for infliction of injury may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This means that a conviction could potentially end an individual’s career.

Finally, an individual may not only be charged criminally for infliction of injury, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a Civil Protective Order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this highly complex and technical area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Domestic Violence Temporary Restraining Orders

A Temporary Restraining Order is one type of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who is being abused by an intimate partner may apply for a Temporary Restraining Order to aid in his or her protection against the abuser.

Temporary Restraining Orders (commonly called TROs) are designed to protect a victim of intimate partner abuse from further harm. Although a TRO falls under the category of domestic violence, the individual seeking the protection doesn’t need to be a victim of actual violence. In addition to protecting against violence, a Temporary Restraining Order can prohibit the restrained person from harassing, stalking, threatening, telephoning, mailing or otherwise coming within a certain distance of the protected person. It is an order made by the court that states that the named person must refrain from particular acts and must stay away from particular people and places. A victim may request a TRO “ex-parte,” which means that his or her partner does not need to be present. The order is usually granted the same day that it is requested and lasts until the “Order To Show Cause” hearing. An Order To Show Cause hearing takes place about two to three weeks after the Temporary Restraining Order is issued and allows both parties to explain why the order should be extended or revoked.

Once the court has heard from both parties, it may decide that a more Permanent Protective Order is appropriate. Depending on the evidence presented at the hearing, the judge may prohibit the restrained person from engaging in specified acts and/or from being in designated places. This permanent order can last for years and may be indefinitely extended as circumstances warrant.

A true victim of intimate partner violence requires a Temporary Restraining Order to help ensure his or her safety and the safety of his or her children. Contacting an attorney to aid in securing this order should be the victim’s first mission. A knowledgeable attorney can make sure the application is in proper order and that the reasons for requesting the order are articulated in such a way that the judge will understand the imminent need for the victim’s protection.

Unfortunately, there are cases where a TRO is sought against an individual for frivolous or unlawful reasons. Many times, the so-called “victims” of domestic violence are in fact abusing their partners and obtaining an order against that partner is simply another form of that abuse. When that is the case, it is the restrained individual who should immediately hire an attorney. The criminal defense lawyers at The Kavinoky Law Firm know that intimate partner abuse is always two-sided and they will help ensure that the judge and jury not only hear the accused’s side but believe it as well.

Whether an individual is the victim or the alleged abuser, hiring an attorney who is experienced in California domestic violence law can help either side get his or her desired outcome at the Order To Show Cause hearing. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the process with their clients. Their reputation for treating their clients with compassion, discretion and respect is exceeded only by their success rate. Click here for a free consultation.

Professional Licensing Restrictions and Sexual Battery

Sexual battery is a California domestic violence offense that can be charged in an abuse case involving intimate partners. The term “intimate partners” applies to nearly every type of relationship – it includes straight and gay couples and those who are married, divorced, living together, have children in common, or who are dating or formerly dating.

Under California law, a licensing board may suspend or revoke a license if the license holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. It does not matter whether the conviction was the result of a jury trial, a guilty plea, or a no contest plea.

This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards, including physician and surgeon boards, which maintain their own standards and practices related to disciplining their license holders that may be even more restrictive.

In order to defend against a professional license restriction, it helps to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a sexual battery conviction (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney may recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

Sexual battery is an offense known as a “wobbler” under California law, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. Sexual battery charges can be filed against anyone who touches another person for the purpose of sexual arousal, sexual gratification or sexual abuse.

California domestic abuse law defines “touching” as any type of physical contact – however minor – whether it occurs directly or through the clothing of either individual. An individual can charged with sexual battery even when involved in an ongoing, intimate relationship.

When charged as a misdemeanor with no aggravating circumstances, sexual battery is punishable by a maximum of six months in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in state prison and a $10,000 fine.

When an individual is convicted for this domestic abuse crime, there are several mandatory penalties that will be imposed and other penalties that may be imposed. One of the possible consequences that a defendant convicted of sexual battery may face is a restriction on his or her professional license.

If either facing a sexual battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at the Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact.

Defenses available in a California domestic violence stalking case

In California, crimes that are committed against an intimate partner will be prosecuted as domestic violence crimes. Intimate partners are married, divorced, living together, dating, formerly dating or have children together. It therefore follows that if an individual harasses or pursues and threatens his or her partner, with the intent of placing that partner in fear, he or she will be charged with stalking as a domestic abuse crime. Without any aggravating factors or prior convictions, a defendant faces up to one year in jail or prison for this crime – with them, he or she faces up to six years in prison.

Because the consequences of stalking an intimate partner are so severe, it is critical that the accused hires a criminal defense lawyer who specializes in intimate partner abuse law. The experienced attorneys at the Kavinoky Law Firm have defended many D.V. related stalking cases and have mastered the defenses that are used in conjunction with this crime. They can effectively fight for their clients, based on their thorough understanding of domestic violence law.

The elements that are required to prove this crime are the best place to look for defenses, because if the prosecutor can’t prove each element independently, the defendant must be acquitted. To be convicted of stalking, the prosecutor must prove that the defendant “made a credible threat, intending to place his or her intimate partner in fear”. If the defense attorney can show that his or her client never intended to place his or her partner in fear, either because he or she was only joking or because he or she never actually revealed a threat, but only wrote about his or her own private thoughts in a place that wasn’t directed at the partner, that may serve as a defense. In addition, the threat must be made with the “apparent ability” to see it through. If the threat were so ridiculous or so grandiose that its execution would not even be likely, that would also serve as a defense. Along these same lines, if the intimate partner overreacted and it can be proven that a reasonable person in the same situation would not have feared for his or her safety, the defendant would be entitled to an acquittal.

Defenses may often be presented to the prosecutor or judge even before a case goes to trial. Insufficient evidence is one defense that can be raised in an intimate partner abuse stalking case if, for example, the police report didn’t clearly define the crime. Under this scenario, a skilled defense attorney may argue that the charge should be reduced or even dismissed. Similarly, if there were no witnesses to the alleged incidents and/or no proof of the charges, absent the partner’s accusation, the defendant’s attorney may be able to have the case dismissed at the preliminary hearing, thereby avoiding a trial. Mistaken identity could also be raised as a defense if the perceived threat was received in any manner other than face-to-face.

Defenses raised during a trial can include any of the previously stated pre-trial defenses and may also include false accusations. DV often characterizes volatile, highly charged relationships. Oftentimes, either partner does whatever it takes to gain control over the other, as domestic violence statistics reveal that, in many partnerships, both partners are abused and both partners are abusive. Such being the case, a partner may initiate a false stalking charge out of anger, revenge, jealousy or another motive simply to punish the partner. An experienced attorney will bring this type of defense to light by effectively cross-examining any and all witnesses.

The outstanding attorneys at the Kavinoky Law Firm receive ongoing training in intimate partner violence cases and on all of the defenses that are available in these types of special cases. The creative Kavinoky lawyers will customize an intimate partner stalking defense based on each client’s charge and will educate the client about the many additional defenses that may apply to that case. Click here for a free consultation.