Civil Penalties Associated with a California Domestic Violence Criminal Threats Accusation
Criminal threats is a California domestic violence charge when the recipient of the threat is the intimate partner of the individual who issued the threat. Persons are intimate partners (regardless of whether they are involved in heterosexual or homosexual relationships) when they are dating, formerly dated, married, divorced, living together or have children together.
A domestic abuse charge based on criminal threats may be filed 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 the partner. It is irrelevant that the individual didn’t actually intend to follow-through with the crime, as the only relevant fact is that the partner, upon receipt of the threat, was reasonably in fear for his or her safety.
Criminal threats, in a criminal court, is a charge that would be filed by a prosecuting agency, not by the “victim” or recipient of the threat, as many incorrectly believe. In civil court, it would be the “victim” or intimate partner that was threatened (who becomes known as the plaintiff) that would sue the individual who made the threat for this “tort,” “wrong” or “cause of action.” Criminally, a defendant must be found guilty “beyond a reasonable doubt” (which is the highest burden of proof that exists) before he or she can be convicted. Civilly, the judge or jury must only be convinced that there is a “preponderance of the evidence” (which means greater than a 50% chance) that the defendant threatened his or her intimate partner.
In a criminal court, a defendant who is convicted of this charge faces up to one year in county jail or prison, depending on whether the crime was charged as a misdemeanor or a felony, and several additional penalties as well. In a civil court, an individual who is found liable for this tort may face substantial fines but cannot be sentenced to imprisonment. The individual may be required to pay up to three different types of monetary damages to his or her intimate partner for making criminal threats against that intimate partner. When an exact dollar amount can’t be calculated for the wrong caused to the intimate partner, he or she will be awarded “general” damages. Damages for “pain and suffering” are typically awarded under this category. If the recipient of the threat has out-of-pocket expenses (such as hospital bills, attorney’s fees or the cost to replace or repair any damaged personal property) that were incurred as a result of the threat, he or she would be entitled to “special” damages. The third type of damages that the intimate partner may be awarded are “punitive” damages, which are imposed to punish willful or malicious misconduct and are awarded over and above special and general damages.
A Civil Protective Order will be issued in addition to monetary damages if it is proven that the plaintiff is reasonably in danger. A Civil Protective Order is like a Criminal Protective Order in that it will likely prohibit the offender from coming within a certain distance of the plaintiff to prevent further threats or abuse. A much more restrictive order may be imposed if justified by the facts presented at trial. A civil protective order lasts for a period of three years.
Making criminal threats against an intimate partner has many serious consequences, both civil and criminal. With that in mind, it is critical that an individual accused of this crime contacts a criminal defense lawyer who can defend against the charge. The attorneys at The Kavinoky Law Firm have experience dealing with California’s intimate partner abuse crimes and have successfully defended countless criminal threats cases. They are equipped to aggressively tackle any criminal case and can provide referrals for civil defense attorneys where appropriate. An experienced defense lawyer can answer questions about a California domestic violence case during a free consultation.
