Domestic Violence Emergency Protective Orders

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

In California, each court has an appointed judicial officer who is authorized to issue protective orders even when the courthouse is not open. Throughout this state, when a police officer responds to an intimate partner abuse call, he or she can call a judge at any time of the day or night to request an Emergency Protective Order if he or she feels that a victim is in imminent danger. Emergency Protective Orders are designed to protect victims and their children from the domestic abuser. The protective order is enforceable throughout the state of California by any law enforcement officer who is shown a copy of the order by the protected party. An EPO lasts for five to seven days, allowing the individual enough time to go to court to request a longer Temporary Restraining Order. Before that time, it is recommended that the victim contact an attorney experienced in dealing with California domestic violence matters to successfully obtain that order.

Through an Emergency Protective Order, a judge can order that the restrained person leave the home, stay away from the protected person or persons, and not see his or her children, at least on a temporary basis. In order to issue an EPO, a judge must reasonably believe, based on a law enforcement officer’s assertions, that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence.

Once an Emergency Protective Order is issued, it is imperative that the restrained individual hires a skilled attorney to defend against a more restrictive, more permanent restraining order. A more permanent protective order issued against an accused severely impacts the relationships with his or her spouse, children, family and friends. In addition, if a restrained person is found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer from The Kavinoky Law Firm will not only help tell the accused’s side of the story but will ensure that it is heard as well.

The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the process with their clients. They maintain an excellent reputation for treating their clients with understanding and respect, which is only surpassed by their success rate. Click here for a free consultation.

Physical Evidence in a Sexual Battery Case

Sexual battery is a California domestic violence offense that can be charged against intimate partners. California defines intimate partners in domestic abuse cases very broadly – they may be straight or gay, married, divorced, cohabitating, have children together, or be currently or formerly dating.

Anyone who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery. “Touching” can mean any type of physical contact, however slight, and can occur directly or through the clothing of either partner. This offense can be charged even against partners involved in an ongoing relationship. Sexual battery 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.

Unfortunately, many partners 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 sexual battery when it didn’t occur or accuses the 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 sexual 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 sexual 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 sexual battery case, if an alleged abuser’s DNA evidence, such as semen, saliva, 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 with 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 sexual battery conviction. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this complex and technical area of the law and can outline an effective strategy during a free consultation. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client.

Classes and resources for perpetrators and victims of intimate partner stalking in California

Stalking will be prosecuted as a crime of domestic violence in California when the accused follows or harasses and threatens his or her intimate partner with the intent of placing that partner in fear. Intimate partners are heterosexual and homosexual partners that are married, divorced, dating, formerly dating, living together or who have children together. Although stalking isn’t always a domestic abuse crime, it will be treated as such if committed against one’s intimate partner and is punishable as a misdemeanor by up to one year in the county jail and/or a maximum $1,000 fine or as a felony by up to one year in the state prison. While that is the maximum prison/jail sentence and fine that can accompany a first time stalking conviction (a person with aggravating factors and/or prior convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender.

To help rehabilitate an individual who has been accused or convicted of stalking his or her intimate partner, California offers many different types of classes and other resources that are readily available to anyone seeking help. The state also has numerous resources that are available to victims of intimate partner stalking as well as other types of intimate partner abuse as well.

The purpose of programs that target the offender is to help the individual learn to stop his or her stalking, and possibly other abusive behaviors. Intensive counseling, batterer’s classes, hotlines and websites are all available to help the offender who desires to change his or her ways. These services are available to everyone, regardless of sexual orientation, religion, ethnicity or financial status and are provided in numerous languages. The compassionate attorneys at the Kavinoky Law Firm are dedicated to helping their clients get the help they need to steer-clear of further legal troubles. They can recommend classes and additional resources to people who need help controlling their anger, managing their stress or dealing with other personal issues.

Classes and resources are also available to those who are victims of stalking by their intimate partners. Education is the key not only to ensuring one’s safety but also to gaining awareness about how to effectively deal with an intimate partner’s stalking behavior. The trusted attorneys at the Kavinoky Law Firm can help a victim of D.V. stalking apply for a protective order and can also refer that individual to additional services that meet that individual’s needs. Great resources can also be accessed online and include the Stalking Resource Center found at www.NCVC.org or at (800) FYI-CALL and The Stalking Victim’s Sanctuary found at www.StalkingVictims.com.

In addition to stalking resources, there are general intimate partner violence websites that both partners who are affected by domestic violence may find helpful. SAFE (Stop Abuse For Everyone), found at www.Safe4All.org lists numerous programs offered throughout California and is a tremendous resource. Another great resource is the National Domestic Violence Hotline found online at www.NDVH.org or at 1-800-799-SAFE.

The bottom line is that help is available to those who seek it. The caring criminal defense lawyers at the Kavinoky Law Firm have helped many individuals and couples locate the types of services that best meet their needs. For more information about stalking or about intimate partner abuse in general, click here for a free consultation.

The requirements of a court ordered domestic violence batterer’s class

In California, when a crime is committed against one’s intimate partner, it will be treated as a crime of domestic violence. An intimate partner is one’s boyfriend or girlfriend, one’s former boyfriend or girlfriend, one’s spouse or former spouse, the person with whom one has children, the person with whom one is living or the person with whom one formerly lived. Intimate partners are both heterosexual and homosexual partnerships. It therefore follows that if one pursues or harasses and threatens his or her intimate partner, intending to place that partner in fear, he or she will be charged with stalking as a domestic abuse crime in California.

When an individual is placed on probation for committing any intimate partner abuse crime in California, he or she will be ordered to complete certain requirements while on probation. One of those requirements is participation in a batterer’s class. As part of probation, the defendant will be required to attend at least 52 weekly two-hour classes and, in the end, will be evaluated based on his or her progress.

The goal of a batterer’s class for someone who has been convicted of D.V. stalking is to get that individual to stop his or her behavior and to hopefully prevent further occurrences of stalking or other types of abusive conduct. The classes are virtually the same throughout the state and must follow certain guidelines regarding course conduct and the manner in which the classes are taught. Examples include, but are not limited to, lectures, classes, group discussions and counseling. They are conducted in all male or all female settings and are appropriate for all people, regardless of their sexual orientation, ethnic backgrounds or financial status.

Batterer’s classes are mandated by the state to ensure that a defendant receives the same education, regardless of where he or she resides. Each program must address strategies that hold the defendant accountable for his or her abusive role in his or her relationship, must maintain an alcohol and drug free environment and must examine gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others. Class facilitators are supposed to have specific knowledge about intimate partner abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law and the legal system.

Batterer’s classes, if successful, will ultimately teach the defendant that stalking his or her intimate partner can be devastating to that partner, as stalking victims live in constant fear and can feel very isolated. The participant will learn that it is unhealthy to try to control a relationship through intimidation or threats and will learn positive ways to control his or her emotions and ways to help empower his or her partner to restore balance within the relationship.

Progress reports will be provided to the court on a regular basis and at the end of the program. If the class facilitator feels, at any time, that the defendant’s participation is unsatisfactory, he or she can suggest removing the defendant from the program. If that happens, the defendant will likely be ordered by the court to participate in a different type of more intensive counseling and/or will be sentenced to more jail or prison time. A good criminal defense lawyer will help the defendant comply with all of his or her requirements to avoid further punishment.

The compassionate attorneys at the Kavinoky Law Firm do their best to help their clients through difficult times. They understand that meeting the class requirement may be the most difficult part of probation for some of their clients to fulfill and will try to make it as easy and convenient for them as possible. To speak to an attorney about a stalking charge, a batterer’s class or about any other legal matter, click here for a free consultation.

Violations of a Protective Order

Violation of a protective order is a California domestic violence crime that applies to intimate partners. Intimate partners may be straight or gay and can be married, divorced, cohabiting, have children together, or be currently or formerly dating.

Protective orders issued by the court prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. An intentional and knowing violation of a protective order is a misdemeanor charge punishable by a maximum penalty of a one year jail sentence and a $1,000 fine. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time. California courts will even punish an offender for violating an order in California that was issued in another state.

When a suspect is arrested for violating a protective order, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the suspect made threats to kill or harm, engaged in violence against, or has gone to the protected party’s home or office, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: either posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

An arrest made for violating a protective order is serious, as a conviction carries severe penalties. Because California is so strict with its domestic violence offenders, it is critical to contact a skilled California defense attorney immediately after being arrested to begin preparing a defense. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Alternative Sentencing with a Conviction for Violating a Protective Order

California courts often issue protective orders in domestic violence cases that bar individuals from engaging in specific acts of abuse, re-entering their own homes, or even behaving in a certain way. Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and alleged victim are intimate partners. Intimate partners are married, divorced, cohabiting, have children in common, dating or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum penalty of a one year jail sentence 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, possibly up to one year, and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a protective order, he or she will likely serve additional mandatory jail time.

Even though an individual faces up to one year in jail for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing and, as a result, can effectively fight to keep their clients out of jail.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In a case where the defendant has been convicted of violating a protective order, there are several options that may be imposed as an alternative to jail. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

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, especially if sentenced to a significant jail term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm can answer any questions about sentencing alternatives in California domestic violence cases during a free consultation.

Domestic violence courts

As California is becoming stricter with its intimate partner abuse offenders, courts throughout the state, including those in Los Angeles County, have responded by developing special courts and procedures for both civil and criminal domestic violence cases. The major feature that domestic violence courts share is that they seek to enhance victim and child safety and ensure batterer accountability.

In short, this means that they are ready and willing to listen to everything that the complaining witness has to say and to “throw the book” at the accused. This is why it is critical to hire an experienced criminal defense lawyer who can keep the case in a traditional criminal court if possible or, if not, who is at least familiar with these courts and knows how to deal with the bias inherent within this system.

Domestic violence courts hear cases where the parties are intimate partners. Intimate partners include persons who are married, divorced, living together, have children in common, and who are or were dating. These cases apply to heterosexual and same-sex couples.

Battery against an intimate partner (more commonly called spousal abuse), sexual battery, intimidating an intimate partner, and willful infliction of injury on an intimate partner are the types of charges that may land a defendant in a California domestic violence court.

Domestic violence courts assign judges to hear special domestic abuse cases. These courts are much more in tune with how to gather all relevant information on the family before them so that the judge has a complete understanding of all the issues with which the family is dealing. Staff members help educate victims on child support and safety issues. The staff may offer counseling, housing assistance, drug treatment, referrals to social services as well as other resources depending on the needs of the family. These courts often provide victims with referrals for job training, child-care, mental health counseling, emergency medical services, temporary shelter, and the assignment of an advocate. They are victim-friendly and ruthless to the offender.

These courts monitor the progress of all family members much more closely and intervene more frequently than a traditional court would. They focus on holding the offender accountable. This means that the court conducts frequent periodic reviews, imposes heavy sanctions for noncompliance with its orders, and coordinates probation and batterer intervention programs, receiving any information that sheds a negative light on the defendant. In addition, the domestic violence court judges are well trained and have an increased level of awareness on the impact and harm to children exposed to domestic violence and decide child custody issues as well.

If a defendant’s case is sent to a California domestic violence court, all hope is not lost. An experienced criminal defense lawyer who is familiar with these courts is the key to a successful defense. Hiring a skilled, knowledgeable attorney from The Kavinoky Law Firm will help ensure that a case isn’t simply “processed” through the system with the usual bias that the court holds against a defendant. An aggressive defense attorney knows how to navigate the system with ease, argue all possible defenses and make sure that the judge and jury not only hear the defendant’s side of the story, but believe it as well.

Domestic violence convictions carry severe penalties, ranging from heavy fines to losing one’s freedom in jail or prison, to having one’s children removed from his or her home. To best avoid these consequences, contact an attorney from The Kavinoky Law Firm today for a free consultation and to secure the best defense available.

Physical Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that applies to intimate partners. California considers any individuals who are married, divorced, cohabiting, have children together, or who are currently or were formerly dating to be intimate partners. These laws apply to both straight and gay couples. Protective orders are issued by the court and prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way.

Anyone who intentionally violates a protective order in a California domestic abuse case can face a misdemeanor charge punishable by a maximum penalty of a one year jail sentence 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 addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time.

When a defendant violates a court order, the violation could be verbal (harassment or threats), written (in the form of a letter or e-mail) or physical (stalking or physical abuse). As a result, many cases involving this crime are based on “he said, she said” allegations unless there is some physical evidence of the violation.

Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like a letter) that helps prove or disprove a theory. Common types of physical evidence in a violation of a court order case include letters written to the protected party, injuries to the protected party and damage to personal property.

When such evidence exists, and can be verified by someone with experience in evidence analysis, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, an experienced defense attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into a violation of a protective order trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Violating a protective order is a serious charge, with severe and possibly even life-altering consequences. If facing this charge, it is critical to hire an attorney who is experienced in this special area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect.

 

Battered person’s syndrome, more commonly called “battered woman’s syndrome,” “battered women’s syndrome,” or “BWS,” is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship. Battered person’s syndrome in a domestic violence case is frequently used either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. This syndrome can carry a lot of weight before a jury and it is therefore imperative to hire a skilled defense lawyer from The Kavinoky Law Firm who is familiar with California domestic abuse cases should this syndrome and its effects be introduced into evidence.

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

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

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

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

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

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

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

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

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

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