Category: Domestic Violence

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Emergency protective orders issued in connection with a California domestic violence stalking allegation

Emergency protective orders issued in connection with a California domestic violence stalking allegation

Stalking, when charged as a California domestic violence crime, takes place when an individual willfully follows or harasses and threatens his or her intimate partner with the specific intent of placing that partner in fear for his or her safety. Intimate partners, regardless of their sexual orientation, are married, divorced, living together, dating, formerly dating and persons who have children in common.

Emergency protective orders may be issued upon the request of an officer if he or she believes that a person is in immediate and present danger of being stalked by his or her intimate partner based upon that person’s allegations that he or she has been willfully, maliciously and repeatedly followed or harassed and threatened by his or her intimate partner.

Upon such an allegation, the officer must submit his or her request to a specially assigned judge who approves or denies emergency protective orders around the clock. The officer’s order must state the reason that the officer believes the order is warranted, the date and time that the order expires (which is between five and seven days after it is issued and served on both parties), the address of the local superior court and instructions, in both English and Spanish, that advise both the protected party and the restrained individual that the order will be in effect until the date and time listed. For the protected party, the order states that he or she may consult with an attorney about seeking a more permanent protective order. For the restrained individual, the order states that he or she may also want to consult with an attorney because the protected party may seek a more permanent order. It additionally states that the restrained party may not own, possess, purchase or receive or attempt to purchase or receive a firearm while the order is in effect.

The order will be issued if the judge believes that the officer’s application was based on reasonable grounds that there was an immediate and present danger of stalking and that the order is necessary to prevent the occurrence or further occurrence of the intimate partner’s stalking. The order may include a harassment protective order or a workplace violence protective order.

If the restrained individual violates any provision of the order (either with respect to engaging in further stalking behavior or by violating the firearm restriction), he or she is subject to being charged with contempt of court, punishable as a misdemeanor by up to one year in the county jail and/or by a maximum $1,000 fine. If the restrained party is also found guilty of the crime of stalking, that punishment will likely be imposed in lieu of this penalty.

Being served with an emergency protective order as the result of a domestic abuse stalking accusation can have severe consequences. In order to fully defend oneself against such an allegation, it helps to hire a qualified criminal defense lawyer to convince the judge that such an order is unwarranted. The skilled attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases and have successfully defended countless individuals who were accused of D.V. stalking. They have the training and experience to help an individual accused of stalking defend against the devastating consequences that a conviction could bring. Click here for a free consultation and for the best representation.

Elder Abuse as a California Crime of Domestic Violence

Elder Abuse as a California Crime of Domestic Violence

California domestic violence refers to any abuse that is directed at an intimate partner (a person’s spouse, former spouse, the person with whom one has children, the person with whom one lives or formerly lived or one’s significant other or former significant other, regardless of sexual orientation), one’s child, grandchild, parent or grandparent. When this abuse, whether it be physical, emotional or financial, is specifically directed at a person over sixty years of age who is one of the above-mentioned persons, the abuse will be treated as elder abuse, and prosecuted under California’s domestic violence laws.

Elder abuse, defined under California’s D.V. laws, is the mistreatment of an elder by the elder’s child, grandchild or intimate partner. The abuse may be physical, emotional, financial or may be in the form of neglect, and these different types of abuse are often used in conjunction with each other. Elder abuse occurs in every type of family, regardless of social, economic or ethnic backgrounds and is a growing problem in this country.

Physical elder abuse takes place when an intimate partner or other specified family member intentionally uses physical force against the elder that could result in pain, harm or bodily injury. Some of the most common types of physical abuse include acts of violence, inappropriately administering drugs to the elder, physically restraining the elder and physical punishment. The sexual abuse of an elder is a type of physical elder abuse and is defined as any non-consensual sexual contact with the elder by his or her intimate partner or other family member. A family member’s sexual abuse of an elder would also result in an incest charge, punishable as a felony by imprisonment in the state prison.

Emotional elder abuse, also known as psychological or verbal elder abuse, occurs when the elder’s family member or intimate partner threatens the elder, inflicts mental anguish upon the elder, isolates the elder from other family members or friends or humiliates the elder. Any of these forms of emotional abuse may be verbal or conveyed through nonverbal conduct.

Elder abuse in the form of neglect takes place when the elder’s intimate partner or family member who is responsible for providing care to the elder either refuses or fails to fulfill that responsibility. This type of neglect can be physical if, for example, basic needs aren’t met with respect to giving the elder food, shelter and clothing and/or health and/or hygiene issues are ignored, or can be financial abuse if, for example, the offender is responsible for paying the elder’s bills and doesn’t. Neglect can also take on the form of emotional abuse if attention simply isn’t given to the elder in need.

Financial elder abuse takes place when an elder’s intimate partner or other family member either mismanages the elder’s money, property or other assets or steals from the elder. Examples of financial abuse include, but are not limited to coercing or deceiving the elder into signing a legal document that deals with his or her estate or other funds, forging the elder’s signature for financial gain, cashing his or her checks or selling his or her possessions without permission.

People who suspect that an elder is being abused should either call 911 or Adult Protective Services at 1-877-4-R-SENIORS to report the suspected abuse. Contacting a California criminal defense attorney may also be helpful to learn about any possible legal rights and remedies that may be available to the elder. However, if charged with elder abuse, it is critical that the accused hires a criminal defense lawyer who is familiar with California’s domestic violence and intimate partner abuse laws as soon as he or she is arrested. The experienced attorneys at The Kavinoky Law Firm specialize in domestic abuse law and have successfully defended countless individuals charged with these types of crimes. To discuss an elder abuse matter, contact them today for a consultation.

The Criminal Courts System – After the Arrest

The Criminal Courts System – After the Arrest

Once a suspect has been arrested for domestic violence, he or she will be taken to a police station to get “booked,” which means entered into a criminal database, fingerprinted and photographed. Once that process is completed, the accused will be placed in a “holding cell” until released or transferred to a local jail. In California, without first having a formal hearing, a suspect held on most domestic abuse charges cannot be released without first posting bail. This means that he or she can’t be released on his or her own recognizance (commonly called OR), which is release based solely on a promise to reappear before the judge.

The amount of bail is predetermined according to a bail schedule. Depending on the circumstances of the arrest and the defendant’s prior criminal history, the defendant’s lawyer may make a motion to have bail reduced. If bail is posted, the accused may be released, but will likely have a restraining order issued against him or her which typically prevents the accused from having contact with the accuser or with his or her own children. Any violation of this order will result in additional criminal charges.

The arraignment is the defendant’s first formal court appearance. At the arraignment, the defendant is advised of all pending charges and given his Constitutional rights. Unlike many other charges, in an intimate partner abuse case, the defendant must personally appear before the judge. This is the stage when the defendant pleads “Not Guilty” to the charges. Depending on the circumstances, a skilled defense attorney may or may not argue against any pending orders.

Once the plea has been entered, it is time for the attorney to begin his or her investigation. Many times the lawyer will hire a private investigator to help question witnesses. It is critical that the defendant shares every detail about the incident and what led to it with the attorney, because the attorney can only successfully defend a client when he or she knows everything and therefore can’t be surprised by the prosecutor. This is why it is so important for the defendant to have faith and confidence in his or her attorney. The skilled attorneys at The Kavinoky Law Firm treat their clients with compassion and respect and have successfully defended countless California domestic violence cases.

If the defendant faces a felony for his or her abuse charge, the next phase is the preliminary hearing. A preliminary hearing resembles a “mini trial” except that there is no jury, only a judge. The judge listens to the testimony of the witnesses to determine if there is enough evidence to either “hold the defendant to answer” to the charges, reduce the charges to a misdemeanor, or to dismiss the charges altogether.

Assuming the judge doesn’t dismiss the charges (which is usually the case), the case will move forward to trial. An intimate partner abuse trial can last a few days or a few weeks.

The trial includes several phases, including jury selection, opening statements, examination and cross-examination of witnesses, closing arguments, and jury deliberations. If the prosecutor can’t convince every juror of the defendant’s guilt, there cannot be a conviction.

If there is a conviction, the judge will hear arguments by both sides as to sentencing and may additionally ask the Probation Department for its recommendation. The court may seek remedies that both punish and rehabilitate the offender. More severe sentencing may face a defendant who has prior convictions for domestic violence. An aggressive attorney will fight for the best possible outcome and for the least intrusive sentence.

When arrested on a domestic abuse charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy. Speaking with a qualified criminal defense lawyer is the safest way to ensure that these possibilities don’t become a reality. Contact an attorney from The Kavinoky Law Firm today for a free consultation and for the best representation.

Recanting Victims and Domestic Battery

Domestic battery, also known as “spousal abuse” or “spousal battery,” is a California domestic violence offense that can apply to any type of intimate partners. The term “intimate partners” encompasses nearly every type of relationship – the individuals may be heterosexual or homosexual and may be married, divorced, living together, have children in common, or be dating or formerly dated.

Any time an individual willfully and unlawfully uses force or violence against an intimate partner, no matter how little force is used, he or she can be charged with battery. Most battery charges are filed as misdemeanors that carry a maximum of a one-year jail sentence and a $2,000 fine. 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.

A battery charge can be filed against an individual even if he or she caused no injury to the accuser. This means that it would be very easy for an alleged “victim” to charge his or her partner with this crime with little or perhaps no evidence. Many times an individual will do this simply out of revenge, anger, or some other inappropriate motive. He or she may later decide to tell the truth about what happened, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the “victim” chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that recanting (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, 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 attorney.

When a victim recants, two major issues arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution plays for the jury a recording of the call that the victim placed to the police. The prosecutor will also admit into evidence any statements that the victim made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a victim recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse” and that the victim likely suffers from “battered person’s syndrome.”

When an intimate partner chooses to recant his or her allegation, a highly qualified, knowledgeable and compassionate defense attorney from The Kavinoky Law Firm can help both parties navigate through the system. The attorney will help develop the most effective defense strategy to successfully put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

DNA Evidence and Domestic Battery

Domestic battery is a California domestic violence offense also called “spousal abuse” or “spousal battery” that applies to intimate partners. Intimate partners can be straight or gay, married, divorced, or living together, have children together, or simply be dating or formerly dated.

Battery is known as a “wobbler”, which is a California criminal offense that can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Anyone believed to have willfully and unlawfully used force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. An individual can face a battery charge even if he or she used the slightest force. Any unwanted touching can lead to a battery charge. However, in cases of serious bodily injury, such as broken bones, loss of consciousness or a concussion, the individual will likely face a felony charge which carries a maximum of four years in state prison.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of causing an injury that, in fact, wasn’t his or her fault.

When this type of situation arises, DNA evidence plays a vital role. When faced with a domestic battery charge, it is important to hire an attorney who is experienced with all aspects of a California intimate partner abuse case, including the many types of evidentiary issues that often arise in connection with this crime. The skilled criminal defense lawyers at The Kavinoky Law Firm receive ongoing training in domestic violence trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition. They have successfully defended countless individuals who faced domestic battery charges, protecting them from the devastating consequences that the charge carries.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each cell, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA. This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in a battery case, if an alleged abuser’s DNA evidence, such as blood or skin tissue, is found on the alleged victim’s body or clothes, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed in DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing the severe consequences inherent within a domestic battery conviction. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client. Click here for a free consultation and for the best representation.

Violation of a Protective Order Trial Considerations

Violation of a Protective Order Trial Considerations

Individuals facing a charge of violation of a protective order or another California domestic violence offense involving intimate partners face specific issues if their cases go to trial. California domestic abuse law defines ‘intimate partners’ very broadly – they may be married, divorced, cohabiting, have children in common, be dating or formerly dated. The laws apply equally to straight and gay couples.

Protective orders are issued by the court in California DV cases to bar an offender from engaging in abuse, re-entering his or her own home, or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor that carries a maximum penalty 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 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 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 know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client’s advantage.

The following are some of the issues that may arise in a case where the defendant is accused of violating a protective order:

  • 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 violation of a court order case. When a defendant violates a court order, the violation could be verbal, written or physical. Anything physical evidencing the violation is therefore helpful to the prosecution if and when it exists. 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 domestic 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.
  • 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.

There are many unique trial issues that arise in a case alleging violation of a protective order, 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.

Criminal Threats Trial Considerations

Criminal threats is a California domestic violence offense that can be charged when an individual is accused of threatening an intimate partner with bodily harm. Intimate partners can be straight or gay couples who are married or divorced, living together, have children together, or who have dated at any time.

An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime if the partner is reasonably in fear for his or her own safety or for the safety of his or her family.

Criminal threats can be charged as a misdemeanor or a felony, punishable by up to one year in the county jail or state prison. It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the partner that the threat could be immediately executed, even if the defendant doesn’t actually intend to carry out the threat.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. 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 in a criminal threats trial, but they know how to successfully use each to their client’s advantage.

The following are some of the issues that are likely to arise in a trial where the defendant is charged with making criminal threats:

  • 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 threat case. Photographs or medical records revealing an injury or letters or recordings evidencing the threat are 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 the intimate partner will recant and knows exactly how to proceed under this type of situation
  • Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled criminal defense lawyer 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.

False Accusations

  False accusations in a domestic violence case

In California, domestic abuse cases are taken very seriously, and the state is strict with its offenders. Domestic violence includes a variety of crimes and a variety of punishments. The defendant usually faces heavy fines, jail or prison time and many other devastating consequences. The types of charges brought in a domestic abuse case are based on incidents that occur between intimate partners. Intimate partners include all persons (heterosexual and homosexual) who are or were married, who have children in common, who are cohabiting and who are or were dating.

Because the consequences of an intimate partner abuse charge are so severe, it is crucial to hire an aggressive, knowledgeable criminal defense lawyer who knows California domestic violence law. An experienced attorney from The Kavinoky Law Firm is just that. He or she will customize a defense based on each individual’s experience and will ultimately provide the best representation possible.

Oftentimes a domestic violence “victim” makes a false accusation to the police. The accused, in turn, becomes the “defendant” when formally charged with the crime. Unfortunately, police are quick to respond to the accuser’s cries and far too often the accused doesn’t know how to appropriately respond. The reality of the situation is that the “victim” is the party actually breaking the law, as false reporting is a crime itself, punishable by up to four years in state prison. Additionally, there are several civil causes of action that may be filed against the accuser in this type of situation. Contacting an attorney is the best defense for someone who has been falsely accused, because the lawyer can help the defendant navigate through the court process to make sure that appropriate action is taken on behalf of the accused and against the false accuser.

There are several reasons why people file false intimate partner abuse charges. Domestic violence is usually about control. That control can be physical, emotional or financial. There are domestic violence statistics that reveal that a significant number of people who reported domestic violence crimes were actually exaggerating or lying to the police in order to manipulate or control their partners. 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. Sometimes the accuser brings the false charges because of jealousy or revenge. These are all defenses that a skilled attorney will investigate on behalf of the accused to ensure that the judge and/or jury not only hear the defendant’s side of the story, but believe it as well.

Being falsely accused of a domestic abuse case may bring life-changing consequences. One’s reputation, career, family and freedom are all placed in jeopardy if the truth isn’t revealed. An experienced attorney from The Kavinoky Law Firm knows how to examine witnesses, analyze evidence and how to highlight discrepancies to ensure that in a false accusation situation, everyone recognizes that the defendant is truly the victim and that justice can only be served by treating him or her as such. The first step in defending against a false accusation is to immediately hire an attorney. Click here for a free consultation with a skilled attorney from The Kavinoky Law Firm.

Mandatory Terms of Probation for an Infliction of Injury Conviction

Mandatory Terms of Probation for an Infliction of Injury Conviction

Infliction of injury, also known as spousal abuse, is considered a domestic violence offense that applies to intimate partners under California law. Intimate partners can be of the same or opposite genders, be married, divorced, living together or formerly living together, or have children in common. Any injury, no matter how minor, inflicted upon the body of an intimate partner can result in felony charges punishable by up to four years in prison and a fine of up to $6,000.

While that is the maximum prison sentence and fine that can accompany a first-time infliction of injury conviction (a person with prior domestic abuse convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Upon a conviction of infliction of injury, the defendant is placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a Probation Officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called “summary probation,” which means that the individual must follow through with the terms of probation and must not violate any other laws. During that time, a Criminal Court Protective Order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should also be noted that the victim will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t previously booked at the time the police report was filed.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. The judge will also require some form of community service.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

A defendant’s ability to pay will always be taken into consideration by the court, as will his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify certain requirements as it sees fit, and can extend probation or revoke it altogether. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult and trying time. To learn more about the penalties that coincide with an infliction of injury conviction or to speak with one of our attorneys regarding another legal matter, click here for a free consultation.

Types of Same-Sex Domestic Violence Charges

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.