The Role of a Batterer’s Class in a California Domestic Violence Criminal Threats Conviction
Domestic violence, under California law, exists when a crime is committed against an individual by that individual’s intimate partner. Intimate partners include persons who are either heterosexual or homosexual and are dating, formerly dated, married, divorced, living together or have children together. This means that if an individual threatens his or her intimate partner, the charge will be prosecuted as a domestic abuse offense.
“Criminal threats” may be charged when an individual, either in person, in writing or through a third person, threatens to commit a crime against his or her intimate partner that would result in serious bodily injury or death to that partner if the crime was committed. The fact that the accused didn’t actually intend to commit the crime will not serve as a defense to this crime if the partner reasonably feared for his or her safety upon receipt of the threat.
California D.V. law requires that a defendant who is placed on probation for making a criminal threat against his or her intimate partner attend a batterer’s class. The offender will be required to attend class for a two-hour period at least once a week for one year. These classes are designed to help people convicted of intimate partner abuse learn to better control their anger.
Batterer’s classes are sensitive to sexual orientation, culture and ethnicity, and are conducted in either all female or all male settings. They are available to people of all economic classes. California regulates each class’s program to make sure that each class covers the same material regardless of its location in the state. Classes address the dynamics of power and control, socialization, gender roles, the nature of violence and the effects of abuse on children and others. Included in these broad topics are discussions about different types of abuse, which includes emotional, physical and sexual abuse, economic manipulation or control, threatening a partner, the destruction of property and other acts that affect the well-being and safety of the family.
Teaching a person convicted of a domestic violence crime to walk away from a potentially violent situation is the goal of this type of counseling. In order to achieve this objective, the facilitators encourage their students to examine their lives to gain a deeper understanding about why they need to be in control. If successful, the offender learns that he or she cannot control a relationship through violence or intimidation and has further learned effective ways to communicate and restore balance within his or her intimate relationship.
The defendant’s progress will be monitored by the court and will be considered unsatisfactory if the defendant either blames his or her partner for the abuse or in any other way attempts to shift his or her personal responsibility. When this type of denial or attitude exists, the class leader will confront the individual who has taken such a stance and will refute his or her justification for threatening or intimidating his or her intimate partner. The offender will also receive information about the destructive impact that domestic abuse has on self-esteem and on children who are either victims of or witnesses to such abuse.
The caring criminal defense lawyers at The Kavinoky Law Firm understand that attending a batterer’s program may be one of the most difficult conditions of probation for some of their clients to fulfill. With their compassion and discretion, they will make this difficult time a little easier. A skilled defense attorney can answer any questions about a California criminal threats charge during a free consultation.
