Battered Person’s Syndrome and Sexual Battery

Sexual battery is a California domestic violence crime charged against an intimate partner. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dating. In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side.

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 is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from the Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence was his or her fault. 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.

Sexual battery is referred to as a “wobbler” offense, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor. “Touching” can be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser.

Sexual battery charges can be brought against any intimate partner, even one involved in an ongoing, intimate relationship. When charged as a misdemeanor (with no aggravating circumstances), sexual battery carries a maximum of a six-month jail sentence 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 the state prison and a $10,000 fine.

When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have 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 will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor then argues that the “victim” has recanted the allegations because the victim feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at the Kavinoky Law Firm have the training and experience to handle any sexual battery case. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. A skilled attorney from the Kavinoky Law Firm can provide a free consultation and outline an aggressive defense strategy designed to protect the accused partner’s rights and minimize the consequences of a sexual battery charge.

Sexual Battery Trial Considerations

Sexual battery can be charged in any California domestic violence case that involves one intimate partner touching the other for purposes of sexual gratification or abuse. The term ‘intimate partners’ include couples of the opposite and same sex who are married, divorced, living together, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can include any physical contact – however slight – even if it occurs through the clothing of either of the partners. This offense can even be charged against an individual involved in an ongoing relationship. Depending on the circumstances, the crime can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

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 sexual battery case:

• Battered Person’s Syndrome (more commonly called battered women’s syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
• Physical evidence can be a huge issue in a sexual battery case. Because this crime doesn’t require that the victim actually suffer an injury, sexual battery can be charged with no physical proof of the touching. Photographs or medical records showing contact or revealing injury are therefore helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in sexual battery 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.

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.

Physical evidence and its role in a stalking case charged under California’s domestic violence laws

Domestic violence in California applies to all crimes that are perpetrated against one’s intimate partner. An intimate partner can be one’s spouse, former spouse, significant other, former significant other, the person with whom he or she has children or the person with which he or she lives. These laws apply to people involved in both heterosexual and homosexual relationships. When an individual maliciously harasses or follows and threatens his or her intimate partner, he or she will therefore likely be charged with stalking as a domestic abuse crime.

Since D.V. stalking doesn’t require that there be physical evidence of the crime, it can be very helpful to either the defense or the prosecution if and when it exists. Without physical evidence, a criminal defense lawyer may be able to convince a prosecutor or judge to either reduce the charge or have it dismissed altogether due to insufficient evidence. With it, a good defense attorney will know how to downplay its significance if it is damaging to his or her client or will argue against its admission.

Physical evidence in a stalking case may include evidence that the police obtain during a search of the suspect’s home or property, such as video surveillance of the intimate partner or photos taken of the intimate partner on the defendant’s camera. Physical evidence may also be given to the police by the intimate partner. Examples include audio recordings of messages that the defendant left on the intimate partner’s voice mail or telephone answering machine or copies of emails, text messages or letters that the suspect sent to the accuser. Physical evidence may also be found in acts of vandalism that were done in an effort to threaten or frighten the intimate partner or in the suspect’s DNA that may be left on a licked envelope or on another device that the defendant used to stalk his or her intimate partner.

Because stalking has received so much publicity (due in large part to celebrity stalking), people are eager to find defendants guilty of this crime. The same can be said about domestic violence crimes in this state, as they, too, receive quite a bit of media attention. As a result, the defendant already has two strikes against him when being tried for an intimate partner violence stalking case and, if physical evidence exists that additionally supports the prosecutor’s theory of guilt, the jury will find it that much easier to convict the accused. This is another reason why it is imperative for the defendant to hire a skilled defense attorney who is familiar with and understands all of the ways that physical evidence can be used in a D.V. stalking case and who will aggressively fight to admit it or exclude it depending on what is in the best interests of his or her client.

Physical evidence in a stalking case could be fabricated in an effort to falsely accuse an intimate partner. This is one reason why the experienced attorneys at the Kavinoky Law Firm work with private investigators and expert witnesses who examine physical evidence to validate its authenticity. Private investigators take photos of the crime scene, interview witnesses, do background checks on those witnesses to determine their credibility and collect evidence that an attorney may not be able to obtain. Expert witnesses listen to the voice on an answering machine, examine the handwriting on a letter and watch any video recordings to make sure that they are genuine. After collecting this type of information, the investigator, expert and lawyer discuss their findings and the attorney then creates the most effective defense strategy possible.

Physical evidence can play a critical role in a domestic abuse stalking trial. The outstanding attorneys at the Kavinoky Law Firm know this and understand the ways to respond to it so that it favors their clients. Their training in these types of cases is directly responsible for their impeccable record. Click here for a free consultation.

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.

Child Sexual Abuse as a California Domestic Violence Crime

In California, domestic violence laws apply to all crimes that are perpetrated against one’s child. It therefore follows that a parent who sexually abuses his or her child will be prosecuted as a domestic abuse offender and will consequently face certain consequences in addition to the punishment normally imposed for the specific sex crime committed.

Child sexual abuse is defined as any activity with a child done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography. It affects families from every social, economic and ethnic background and is a definite problem in this country. While the majority of reported offenders are male, women have been convicted of this offense as well and both heterosexual and same-sex abuse occurs.

Child sexual abuse, when committed against one’s own child is a type of child abuse that has a devastating impact on children and will manifest itself in various ways, depending largely on the age of the child. Some common types of symptoms seen in victims of child sexual abuse include physical complaints, such as a headache or stomachache, eating disorders, genital or rectal symptoms, such as burning or itching, bowel disorders, such as being unable to control one’s bowel and social symptoms that include high-risk sexual behavior or an inappropriate interest in or knowledge about sex, drug and/or alcohol abuse, withdrawal, excessive fear or anxiety and depression.

Penalties for sexually abusing one’s child vary depending on the age of the child, on the specific crime and on the severity of the act(s). Formal probation, incarceration and registration as a sex offender are among the most common forms of punishment for a child abuse crime that involves sexual activity. Custody issues will undoubtedly arise and it is quite possible that one will lose his or her child as a result of a sexually related child abuse conviction. A less common but extremely severe penalty exists when the child victim is less than 13 years old. When such is the case, a male parent may be subject to chemical castration upon a first conviction for specific offenses, including sodomy, lewd or lascivious acts, oral sex or rape and will undergo mandatory chemical castration upon a second conviction, regardless of whether the first victim was his or her child or the child of another.

Parents or anyone else who suspect that a child is being sexually abused either by a family member or by another should immediately report the activity. Several agencies may offer advice, guidance and resources, including Childhelp USA at 1-800-4-A-CHILD or online at www.childhelp.org, the Darkness to Light hotline at 1-800-FOR-LIGHT or online at www.darkness2light.org or the National Children’s Alliance at 1-800-239-9950.

Defense Attorneys for Child Abuse Law

The trusted attorneys at the Kavinoky Law Firm may be able to provide assistance in what can only be described as a horrible situation. Their expertise in California’s domestic violence laws enables them to help educate an individual about what might lie ahead for a family affected by domestic abuse and, more specifically, the sexual abuse of a child. To learn more, contact them today for a free consultation.

Batterer’s Classes and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married, divorced, or currently or formerly cohabiting, or have children together.

If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

In California, when a defendant is convicted on an infliction of injury charge, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for a year.

These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The issues that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.

Within these categories, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats, and acts that jeopardize the wellbeing and safety of children and other family members or friends. The program addresses effective ways to communicate in an intimate relationship as an alternative to violent expression, and will help the batterer to create equality within the relationship.

The instructors confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. They hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. As a result, the classes focus on the belief systems that promote the use of intimidation, violence and coercion against domestic partners and children, and the instructors, in turn, try to dispel those beliefs. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection, and the impact that battering has on children who are victims and witnesses of intimate partner abuse. Batterers are also taught specific techniques for achieving non-abusive, non-controlling attitudes and behaviors.

An infliction of injury charge is a serious matter with serious consequences. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the batterer takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm can help navigate probationary terms with ease and understanding. The attorneys know how to connect their clients with batterer’s programs throughout California, and with their care and compassion, will make this difficult time a little easier. For questions about an infliction of injury charge, about a batterer’s class, or about any other legal matter, click here for a free consultation.