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.

Recanting Victims 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 may be married or divorced, living together or formerly living together, or have children in common. 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.

An infliction of injury charge can be filed against an individual upon the slightest indication of an injury. 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 that 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, there are two major issues that 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 is allowed to introduce a recording of the call that the “victim” made to the police as well as any statements 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”.

As previously stated, domestic abuse applies to intimate partners. It is the very nature of these types of intimate relationships that causes such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well. A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. The attorney will develop the most effective defense strategy to put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

Batterer’s Classes and Sexual Battery

Sexual battery is a California domestic violence offense that applies to intimate partners. California employs a broad definition of intimate partners – they may be heterosexual or homosexual, married, divorced, living together, have children in common, or be currently or formerly dating.

If a person touches an intimate partner 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. “Touching” can be any physical contact – however slight – whether done directly, through the clothing of the accused, or through the clothing of the accuser. Sexual battery can be charged even between partners involved in an ongoing, intimate 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 California, when a defendant is convicted on a sexual battery 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 themes 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 themes, 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 well-being and safety of children and other family members or friends. The program will address 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 teachers confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners.

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.

California takes sexual battery very seriously. 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 offender takes it to heart. The caring criminal defense lawyers at the Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their compassion, will make this difficult time a little easier. A skilled attorney from the Kavinoky Law firm can answer questions about a sexual battery charge, about batterer’s classes, or about any other legal matter during a free consultation.

Sexual Battery’s Aggravating Factors

Sexual battery is a California domestic violence crime that applies to intimate partners. “Intimate partners” is a very broad term that includes couples who are heterosexual, homosexual, married, divorced, living together, have children in common, or who are dating or formerly dating. If a person touches an intimate part of his or her intimate partner 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.

It is important to understand that this crime may be charged even between partners 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.

While that is the gist of a sexual battery charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at the Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

One aggravating factor is when the accused employed the alleged victim at the time of the offense. If that was the case, the convicted defendant will likely serve additional jail and/or prison time.

A second aggravating factor in a sexual battery case is when the accused either lives with or lived with the alleged victim or a minor (a person under 18), or the accused was married to the victim, or the accused is a parent, stepparent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurred in the presence of or was witnessed by that minor.

Finally, in addition to the aggravating factors just described, the consequences of a conviction for sexual battery may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury. If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of sexual battery in a case where the victim was seriously injured faces up to nine total years in prison.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. 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. An attorney from the Kavinoky Law Firm can provide a free consultation and outline a proven defense strategy that will protect the accused partner’s rights.

Prior convictions and their effect on a California domestic violence stalking case

Stalking will be charged when an individual follows or harasses and threatens another with the intent to place that person in fear. In and of itself, it is not a domestic violence crime. However, if an individual follows or harasses and threatens his or her intimate partner with the intent to place that partner in fear, that individual will be charged with stalking as a domestic abuse crime. California’s domestic violence laws apply to all crimes where the defendant and the alleged victim are intimate partners. Intimate partners are those who are married or divorced, dating or formerly dating, living together or those who have children together. These laws apply to both heterosexual and homosexual partners.

Depending on the circumstances, a stalking charge can be filed as either a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in the state prison. The law imposes no mandatory imprisonment for this charge, absent certain aggravating factors. A skilled criminal defense lawyer may, therefore, be able to persuade the court to impose probation conditions that will keep his or her client out of jail or prison. If, however, the accused has specific prior convictions on his or her record, he or she will likely face at least two and as many as five years in the state prison. The outstanding attorneys at the Kavinoky Law Firm will aggressively defend their clients and will argue against mandatory imprisonment. Because of their deep understanding of intimate partner abuse crimes, they know what facts and circumstances may help convince a court that alternative sentencing would be more appropriate.

When a defendant convicted on a D.V. stalking charge has also been previously convicted of felony stalking, he or she faces imprisonment in the state prison for two, three or five years, depending on the circumstances of both offenses. When a defendant convicted of intimate partner stalking also has prior convictions for infliction of injury, violation of a court order or criminal threats, he or she may be punished by the same one-year jail sentence with or without the $1,000 fine, by the same one-year prison sentence or, depending on the circumstances of the pending case and of the prior conviction(s), will face two, three or five years in the state prison. An attorney who is well versed with the laws surrounding stalking and intimate partner violence knows which arguments to make to help keep these penalties to a minimum.

Prior convictions not only affect sentencing, but also may unfortunately affect the outcome of the defendant’s trial. California allows in evidence of a defendant’s prior domestic violence convictions in a pending D.V. case even though prior convictions are excluded in most other types of criminal cases. The reason that this type of evidence is usually excluded is because a jury is likely to conclude that if the accused “did it before” he or she was “likely to do it again,” relying on old evidence instead of the evidence presented in the open case.

Clearly, prior convictions raise a host of issues that otherwise don’t exist in a first-time offender’s stalking case. This is another reason why it is critical that the accused hires a qualified defense lawyer who specializes in domestic abuse charges and therefore understands the complex and technical rules that are involved with these types of cases. The unparalleled attorneys at the Kavinoky Law Firm have successfully defended countless individuals who were accused of stalking their intimate partners. They receive ongoing training and education in domestic violence law, which is directly responsible for their outstanding results. Click here for a free consultation and for the best representation.

California Domestic Violence can take on many forms:

• Financial abuse
• Emotional abuse
• Physical abuse
• Child abuse
• Elder abuse

Intimate partners (regardless of their sexual orientation) have children together, are married or divorced, live together or formerly lived together, are dating or were dating. Although domestic violence is a category of a type of abuse, any crime that is committed against one’s intimate partner or other stated family member will be prosecuted as a domestic abuse crime in California, which means that in addition to the penalties that the offender faces for the specific crime he or she committed, additional penalties will attach because the crime qualifies as one of domestic violence.

Signs of domestic violence are often the same in any relationship affected by domestic abuse or intimate partner abuse. The main sign is that an individual fears his or her intimate partner or another family member. Other signs come in a variety of forms and can be feelings within the abused individual, signs that are revealed in the abuser’s violent, threatening or controlling behavior or signs that are exhibited when an intimate partner or other family member belittles or criticizes his or her victim. Signs in a victim of such abuse can include feelings of self-hatred, helplessness and numbness.

Signs that suggest that a person may be the victim of domestic abuse include, but are not limited to, his or her intimate partner or other family member constantly monitoring his or her activities, isolating the victim, thereby preventing him or her from seeing other family members or friends, inflicting bodily injury upon him or her, sexually abusing him or her, criticizing or humiliating him or her, blaming him or her for the intimate partner or other family member’s own violent outbursts and threatening to hurt himself or herself, the person receiving the threat, their children, a pet or the personal property of the recipient of the threat.Others may often detect that a friend or family member suffers from these signs of Domestic Violence, but it is the victim of the abuse that must recognize that he or she identifies with these signs if he or she desires to seek help.

Symptoms of domestic violence are widespread and vary from person to person. There are, however, certain characteristics and behaviors that are exhibited by the majority of victims who suffer from domestic abuse that have devastating effects on these abused individuals. Some of the most common symptoms include low self-esteem, depression, anxiety and fear, health problems, eating disorders, withdrawal from others and anger. Many victims act out in destructive ways and are violent towards others and/or even themselves. Many contemplate or attempt suicide, and begin abusing drugs and/or alcohol or develop additional addictive behaviors. In addition, an individual who is physically abused may be seriously injured or even killed if he or she doesn’t leave the relationship.

Hotlines, classes and additional resources are available to both those individuals who are being abused by an intimate partner or by another family member, and to those who need help controlling their abusive behavior. The trustworthy criminal defense attorneys at The Kavinoky Law Firm have resources and referrals for those who wish to seek help or who need legal counseling about their rights and remedies regarding acts of domestic violence. In addition, these criminal defense lawyers specialize in California Domestic Violence crimes and will take the time to sit down with an individual accused of domestic abuse and listen to all of his or her questions and concerns, treating that individual with the respect and compassion that he or she deserves. To discuss familial domestic violence or intimate partner abuse, contact The Kavinoky Law Firm today for a consultation.

Batterer’s Classes and Violating a Protective Order

Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order in a domestic abuse case. California law defines intimate partners as couples who are straight or gay, married, divorced, cohabiting, have children in common, or who are dating or were formerly dating.

Violating a protective order in a California domestic violence case is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. Protective orders are orders issued by the court that bar the offender from specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. 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 California, when a defendant is convicted for violating a protective order, 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 one 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 well-being 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 helps the batterer 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. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her own 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.

California takes the violation of a protective order very seriously. 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 offender takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their discretion and compassion, will make this difficult time a little easier. An experienced defense attorney can answer any questions about violating a protective order, about a batterer’s class, or about any other legal matter during a free consultation.

Eyewitness Accounts in a California Criminal Threats Domestic Violence Trial

California’s domestic violence laws encompass all crimes that involve intimate partners. Intimate partners are defined as persons who are heterosexual or homosexual and are dating, were formerly dating, living together, married, divorced or who have children together. When an individual is accused of making criminal threats against his or her intimate partner, the charge will be treated as a domestic abuse crime.

“Criminal threats” is an intimate partner abuse crime when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to that partner. The form of the threat doesn’t matter, as it could be conveyed in person, over the phone, in a letter, by a third person or in any other manner so long as the partner receives the threat. On that note, the partner must not only receive the threat but must actually and reasonably be in fear as a result. Even if the accused didn’t intend to actually commit the threatened crime, he or she can be convicted for making criminal threats if the threat was perceived as real.

Domestic violence usually occurs in private. Because of that fact, there are not many D.V. cases that involve eyewitnesses. When there is an eyewitness, however, he or she can either make or break the case for either side.

Although an eyewitness is simply supposed to tell the truth as to what he or she saw, many eyewitnesses either embellish their story to prolong their “fifteen minutes of fame” or skew their story to favor one side or the other. Many times an eyewitness will see only part of the charged incident without realizing that there were several events that led to what they saw. It is up to the defense attorney to make sure that the judge and jury know the back-story on what took place before the alleged threat, so that they have an accurate understanding of whether the “threat” should have been reasonably perceived as such, whether the witness misread a private situation between two individuals or whether the witness was overzealous and wanted to testify out of loyalty to or hatred for one of the parties.

An experienced criminal defense lawyer knows how to turn any eyewitness, even a prosecution witness, into his or her own. The attorneys at The Kavinoky Law Firm excel in cross-examination and will take a witness who thinks they are testifying against the defendant and ultimately use that witness to help the accused. The attorney will highlight discrepancies in the witness’s testimony, call his or her credibility into question when appropriate and will use that individual to make the defense appear more plausible. A skilled defense attorney will also take the time to prepare any defense witnesses so that they know what to expect when they “take the stand” and are ready to answer questions not only from the defense but from the prosecutor as well.

A criminal threats charge is a serious matter that, depending on the circumstances, may be filed as a misdemeanor or a felony, punishable by up to one year in jail or prison. When charged with this domestic abuse crime, especially if there was an eyewitness to the alleged threat, it is crucial that the accused hires an attorney who is not only familiar with California domestic violence law but who knows how to prepare a defense witness for trial and who excels in cross-examination. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless intimate partner domestic violence cases because they know all the complexities of this type of crime and have what it takes to win. An experienced defense lawyer can answer any questions about a California domestic abuse case during a free consultation.

Prior domestic violence charges and/or convictions

California’s domestic violence laws are among the strictest when it comes to punishing offenders. Defendants can face the consequences of a domestic abuse conviction. These include heavy fines and hefty jail and prison sentences in addition to irreparable damage to their reputations. If someone is charged with a domestic violence crime and has a prior charge for any domestic violence crime – even if there was no conviction – that evidence may be introduced by the prosecution in the pending case. This type of evidence usually infuriates a judge and jury, resulting in even more severe penalties for the defendant. The best way to exclude prior evidence and, in turn, avoid being prosecuted to the fullest extent of the law, is to hire a skilled criminal defense attorney from The Kavinoky Law Firm.

In California, domestic abuse charges involve disputes between any intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common, and who are or used to be dating.

As social awareness about intimate partner abuse continues to grow, the legislature is taking a tougher stand on offenders. The system shows its clear bias against the accused by allowing evidence of prior charges of domestic violence – something that is unheard of in other areas of the law. Under most circumstances, evidence of previous charges are never allowed to be introduced as evidence because the court knows that a jury will have a difficult time separating the past conduct with the pending allegations. The fear is that a jury will convict a person based on what they did in the past instead of judging him or her based solely on the evidence of the allegations before them. Prior evidence always creates unfair prejudice against a defendant and is usually excluded because of that fact.

However, under California’s domestic violence laws, evidence of past conduct involving domestic abuse is admissible as evidence against the defendant in a pending case. Under this rule, it is not even necessary that the charges resulted in a conviction. This means that even if the prior allegations were proved false or if there was an acquittal, the evidence has the effect of being introduced as evidence that the accused has a history of intimate partner abuse and would therefore likely abuse again. The previous charges don’t have to involve the same victim, don’t have to have occurred in the same way or have any other relationship to the pending crime. In addition, courts will often allow this type of evidence even if the past conduct was alleged years ago. This type of evidence is devastating to a defendant who is supposed to be presumed innocent until proven guilty.

All hope is not lost, however. A good criminal defense lawyer knows the arguments to present that may persuade a judge that this type of evidence should be excluded. A skilled attorney will make all the appropriate Constitutional arguments and will clearly explain to a judge why admitting evidence of prior domestic abuse charges will unfairly prejudice a defendant and prevent him or her from receiving a fair trial. Hiring an aggressive, experienced attorney from The Kavinoky Law Firm will help to ensure that previous domestic violence charges are not introduced as evidence in a pending case. The best way to avoid being unfairly characterized and to make sure that a fair trial awaits is to immediately consult a skilled defense attorney. Click here for a consultation.