Privacy protections available to victims of domestic violence

Each year, millions of people are victimized by domestic violence. These victims are from every economic background, every ethnicity, both genders, and are both hetero- and homosexual. This is a growing problem on which California has taken a serious stand. California’s domestic violence laws are among the toughest on offenders. The penalties are severe and often jeopardize one’s reputation, career, family and freedom.

Domestic abuse laws apply to any intimate partners. Intimate partners include men and women who are married, divorced, living together, have children in common, and who are or were dating. The partners can be heterosexual or involved in same-sex partnerships.

When a true victim of intimate partner abuse makes the decision to leave his or her partner, physical safety becomes an even bigger concern than ever. If an abuser finds out that his or her partner and children, if any, are going to leave, the potential for serious bodily injury (and even death) are imminent. Because of that fact, emergency shelters are set up throughout the state that will allow a victim and his or her children to take temporary residence while keeping their identity confidential. The shelter locations are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents.

While these protections are an absolute must for true victims of intimate partner violence, they act as yet another form of abuse to those individuals who have been falsely accused of being batterers and to the accused who are also abused by their partners. Anyone who has been arrested for a domestic violence crime should immediately contact an attorney. Someone who has either been falsely accused of committing a domestic violence crime or someone who has been accused of a domestic violence crime who is also abused must immediately contact an attorney. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in handling every type of domestic abuse case and have successfully defended countless individuals, treating each with compassion, discretion and respect.

Both the falsely accused and the abusers who are also abused fall into a special category of people who are clearly hurt by the privacy protections afforded to the “victims” of domestic abuse. When an individual falsely accuses his or her partner of abuse or files a police report as an exertion of power against that partner, he or she is labeled the “victim” and the partner the “abuser.” The “victim” is then able to seek shelter with the couple’s children and the “abuser” has no way of finding his or her family. There are a variety of factors that may motivate the “victim” to do this including, but not limited to, power, anger or jealousy. The accused ends up feeling helpless and may end up unintentionally committing additional crimes trying to locate his or her family.

When this type of situation occurs, the best thing an individual can do is to contact an experienced domestic violence attorney to help remedy the situation. The attorneys at The Kavinoky Law Firm will ensure that the judge and jury not only hear the defendant’s side of the story but believe it as well. They want to make sure that the wrongly accused aren’t victimized by the criminal courts system or by their partner anymore. Please click here for a free consultation.

Juvenile Justice in California: Dependency and Delinquency

California has two courts in which children may find themselves appearing – dependency court and juvenile court. Both are part of the California Superior Court system and both are considered juvenile court. Dependency court is for children who are abused, neglected or otherwise being raised by parents who are deemed unfit to continue raising their children. Basically, children removed from their home, due to no fault of their own, end up in dependency court. Once removed from the home, the government takes responsibility for the children’s health, education and welfare until and unless they can be safely returned to their home or are adopted by another family. Delinquency involves children who do things that would be considered illegal if they were adults. If a child is in this system, he or she may be able to continue living with his or her parents under court supervision or may be removed from his or her home and place in a juvenile detention center or another type of live-in facility, depending on the child’s age, the seriousness of the crime and on the child’s criminal history.

Juvenile Justice works in a number of ways. With respect to dependency, when a parent has been convicted of child abuse, neglect, endangerment or of another domestic violence crime, his or her child may be removed from the home and made a dependent of the court. Whether or not this happens depends on a variety of factors, including whether that parent is married or single and the “fitness” of the other parent if available. If the child is placed under the custody of the court, the court may try to reunify the child and parent if the parent is successfully rehabilitated and follows all of the courts orders in the specified manner. When this happens, the court will offer many services to help benefit both the child and the family. If reunification services aren’t offered either because the court determines that it would be against the “best interests” of the child to do so or because the court finds that a parent can’t be rehabilitated, his or her parental rights may be terminated and he or she may lose that child, in which case alternative placement will be provided.

Delinquency focuses on treating and rehabilitating children. Taking into account the severity of the offense and the criminal history and background of the child, the court will choose to treat the child in a formal or informal detention center (which may be in a jail-type facility or on a ranch in a boot-camp type setting) or may place the child on probation and back in the care of his or her parents. Because the goal of the juvenile justice system is on rehabilitation, and not punishment like the adult justice system, there are several State agencies that play a role in the rehabilitation of the child, including social service agencies, community organizations and schools.

When a child is abusive to his or her parent (which is a type of domestic violence), that parent may, under certain extreme situations, voluntarily place his or her child in the juvenile justice system and ask the court to take responsibility for the child. This may include situations where the child is beyond the parent’s control and refuses to obey his or her parent’s lawful requests. If the parent does so, he or she risks possibly losing the child, as the court may determine that it is the parent who is failing to adequately control the child. This is a difficult situation to be in and professional legal guidance should be sought before making this type of decision.

Defense Attorneys for Child Abuse Law

The compassionate and trusted criminal defense lawyers at the Kavinoky Law Firm specialize in California crimes of domestic violence and on all of the issues that coincide with these types of special cases. If charged with a DV related crime or for questions about the juvenile justice system, contact them for a free consultation.

Classes and Additional Resources Dealing with Infliction of Injury

California is one of the strictest states in the nation when it comes to punishing domestic abuse offenders. The consequences of an infliction of injury conviction are severe and life-changing. A first-time offender with no aggravating circumstances can face up to four years in prison and up to $6,000 in fines, and an individual with prior convictionsor with aggravating circumstances can face up to nine years in prison and up to $10,000 in fines.

In an effort to try to put an end to the violence, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided for people of all income levels, so it is always possible to find programs that are affordable. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer can be a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner. The goal of this therapy is to empower the victim to leave an abusive relationship behind in order to secure his or her safety.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological, or sexual abuse to gain or maintain control over a partner. California has more than 450 court-approved programs and many others for those seeking help before the courts are forced to intervene. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents and there are Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings which are free of charge and are held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities also exist for the individual who requires more intense drug or alcohol counseling.

For the victim, there are emergency shelters that are set up throughout the state that will allow a victim and his or her children to take temporary residence while keeping their identity confidential. The locations of these shelters are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by infliction of injury, also commonly called “spousal abuse” or “spousal battery,” can take comfort in knowing that help is available. All of the above services are provided in numerous languages and to people of every economic, ethnic and religious background.

Services exist that are geared towards both victims and abusers who are either men or women and who are heterosexual or homosexual. SAFE (Stop Abuse For Everyone) is an excellent resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. In addition, the compassionate and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. For questions about infliction of injury, or about classes and resources available to those affected by it, please click here for a free consultation.

Witness intimidation is a California domestic violence charge involving alleged threats to an intimate partner. Any type of couple can be considered an intimate partnership – the individuals can be straight or gay and may be married, divorced, living together, have children in common, or have dated at any time.

California domestic abuse law defines witness intimidation as any attempt to prevent an intimate partner from making a police report, answering the questions of law enforcement, or testifying in a court proceeding. The offense can be charged as a misdemeanor punishable by up to one year in jail. However, if the defendant is accused of using or threatening force, if the intimidation is part of a conspiracy, or if the intimidation is for financial gain, he or she will be charged with a felony punishable by two to four years in prison. The success or failure of the offender’s attempt is irrelevant to this charge, meaning that it doesn’t matter whether the intimate partner was actually intimidated.

When a suspect is arrested for intimidating a witness as a misdemeanor, 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 is arrested on a felony witness intimidation charge, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

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 set bail amount or to release the defendant 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, which is why it is so important to appear with 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 very common in domestic abuse cases – and must post bail, release from jail can be obtained through one of two methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post the full amount of bail in certified funds or cash 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 (usually a car, house or something else of considerable value) to secure the bond. This means that if the defendant does not 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.

A witness intimidation conviction carries severe penalties. The defendant’s reputation, career, family and freedom are jeopardized the minute the arrest is made, which is why it’s critical to contact a skilled California defense attorney immediately after being arrested. 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.

Classes and Resources for Sexual Battery Victims and Abusers

Under California law, sexual battery is a domestic violence offense that can apply to any form of intimate partners – heterosexual or homosexual, who are married, divorced, living together, have children together, or who are currently or formerly dating. Any person who touches an intimate partner against that person’s will for sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery.

Any physical contact – however slight – can be considered touching, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner 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.

California has taken a stand on sexual abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences of a sexual battery conviction are severe and possibly even life altering, as one’s reputation, family, career and freedom are all in jeopardy.

In an effort to try to put an end to domestic sexual abuse, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided in numerous languages to people of every economic, ethnic and religious background and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer can be a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by sexual battery and other forms of domestic abuse is available to not only help the abuser deal with anger management and violence issues but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological or sexual abuse to gain or maintain control over a partner. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside, keeping their identity confidential. These shelters’ locations are kept a secret from the public to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by sexual battery can take comfort in knowing that help is available. SAFE (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. The National Domestic Violence Hotline is another great resource both online or by telephone (1-800-799-SAFE). In addition, the compassionate and trusted attorneys at the Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. A skilled attorney from the Kavinoky Law Firm can answer any questions about sexual battery, or about classes and resources available to those affected by it during a free consultation.

Stalking as a California Domestic Violence Crime

Stalking, when committed against one’s intimate partner, will be prosecuted as a domestic violence crime in California. California defines intimate partners as married, divorced, dating, formerly dated, having children together or living together, regardless of whether they are heterosexual or same-sex partnerships. When an individual willfully, maliciously and repeatedly follows his or her intimate partner and makes a threat, intending to place that partner in fear, he or she faces up to one year in jail and a $1,000 fine, depending upon whether it is charged as a misdemeanor or a felony. The prison time would be at least two years and as many as four years if the accused commits this crime while named in a protective order or may be raised to a maximum of five years if he or she has a prior conviction for stalking or prior convictions for infliction of injury, violation of a protective order or for making criminal threats.

California law prohibits an individual who has been charged with stalking to be released from custody without first having a bail hearing. At a bail hearing, a judge considers the defendant’s flight risk, his or her prior criminal history, the increased risk to the victim of the crime and the facts of the pending case to determine whether to release the defendant on his or her own recognizance (commonly called OR) or to increase or reduce the scheduled bail amount. The defendant is more or less presumed guilty by the judge during this phase of the proceedings, which is why it is imperative that the defendant hires an experienced criminal defense lawyer from The Kavinoky Law Firm to help persuade the court that either reducing bail or releasing the defendant O.R. will best serve justice.

In an intimate partner abuse case such as stalking, a judge will typically deny an OR release, thereby requiring the defendant to post bail in order to get released from custody. He or she can either post cash bail or post a bail bond. Posting cash bail is rare, because few people have enough money to pay the full amount of their set bail. When cash bail is posted, it will be returned to the defendant within 60-90 days after the case is resolved if the defendant attended every single court appearance. If, at any time, the accused failed to appear for court, the cash bond may be forfeited to the court.

A bail bond is more typically used to post bail than cash bail. When obtaining a bail bond, the defendant enters into a contract with a bail agent. In exchange for a fee (usually 10% of the bail amount), the bail agent (or bondsman) agrees to post the full bail amount for the defendant. The agent will usually require additional “collateral” which is an item of great value, usually a house or a car, to further secure the bond. If the defendant makes all of his court appearances, at the conclusion of the case, the bond will be exonerated and the collateral will be released. If the defendant flees, his or her collateral will become the property of the agent.

Because the consequences of a stalking conviction are so serious, it is vital that the accused hires a skilled defense attorney as soon after his or her arrest as possible so that the attorney can fight for the defendant throughout the entire criminal court process. The rules pertaining to a Domestic Violence stalking charge are specific and technical, which is why it is so important to retain representation that is experienced in this area of the law. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless individuals accused of stalking. To secure the best representation, click here for a free consultation.

Recanting victims and the special issues that they raise in a California domestic violence stalking case

In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic violence crime. Intimate partners are heterosexual or homosexual partners and include persons who are married, divorced, dating, formerly dating, living together and persons who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking necessarily involves a victim who was the target of the stalking. When that victim originally calls the police or files a police report against the intimate partner who has been stalking him or her and then later changes or takes back his or her original allegations, he or she becomes what is known as a “recanting victim.” A recanting victim poses special challenges for a criminal defense lawyer because that victim can ultimately be devastating to the defense, even if he or she is genuinely trying to help. This is because a prosecutor is allowed a great deal of leeway when a victim recants and will usually be permitted to introduce evidence that may otherwise have been inadmissible if the victim had simply maintained his or her original allegations.

Recanting victims are common in intimate partner abuse trials because of the intense, volatile relationship that is defined by domestic violence. Very often, a victim may falsely accuse his or her intimate partner of stalking out of anger, jealousy or revenge or to simply gain control over his or her partner. Other times, a victim may have been threatened by his or her intimate partner into recanting his or her accusation, which is a crime in and of itself, known as witness intimidation. Sometimes a victim may get back together with his or her intimate partner after criminal charges were filed and then may feel badly that he or she accused his or her intimate partner of a crime. In an effort to help his or her partner, that victim will recant his or her original allegation, thinking that if he or she either refuses to cooperate with the police or prosecuting agency, that the charges will have to be dropped. This is simply not the case, as prosecutors actually anticipate that D.V. victims will recant and know how to proceed under this type of situation.

Recanting victims in an intimate partner violence stalking trial can be a gift to the prosecutor. Along with a host of other privileges, it allows the prosecutor to tell the jury what the victim originally told the police, either through the investigating officer or by playing a recording of the original 911 call placed by that victim. A recanting victim will also usually mean that the prosecutor will hire an expert witness to testify that the victim has recanted because of the abuse that he or she might receive from his or her intimate partner if he or she didn’t recant. It further encourages the expert to testify about the “cycle of abuse” and that the individual likely suffers from “battered person’s syndrome” which is the reason why he or she has changed his or her story.

If a stalking victim personally chooses to take back or deny his or her original allegations, for any reason, on his or her own free will, it is best for both partners to consult with an attorney who is experienced in California’s domestic violence laws and on the consequences that a recanting victim invites. The skilled attorneys at the Kavinoky Law Firm will take the time to sit down with both partners in an effort to devise the best defense strategy available. They will help both parties understand how a recanting victim may actually hurt the defendant and will advise that person on how to proceed in an effort to right a wrong. Click here for a free consultation and for the best representation.

The Power Imbalance That Characterizes Relationships Affected By Domestic Violence

California defines domestic violence as the use of physical, emotional or financial abuse used to exert power or control over a family member (one’s child, parent, grandparent and/or grandchild) or an intimate partner. Intimate partners are both heterosexual and homosexual and are married, divorced, have children together, dating, formerly dated, living together or formerly living together. There are many characteristics that are commonly associated with acts of domestic violence, perhaps the most telling being the power imbalance that exists between a victim and his or her abuser.

Power is what usually drives an individual to abuse another. Although single acts of domestic violence are often committed out of anger, stress or frustration, abuse that repeats itself is usually due to one’s desire to exert power and/or control over his or her intimate partner or other family member. Regardless of the type of domestic abuse that an individual inflicts upon a partner or family member, the power imbalance between the abuser and his or her victim remains the same and, until and unless the victim either flees the relationship or learns to exert his or her own authority, that imbalance will never change.

Family relationships that teach equality generally foster safe and nurturing environments. However, domestic violence statistics reveal that in a family where the power and control are out of balance, there will be a higher risk of domestic abuse within that family. A parent, in a family situation or perhaps the “breadwinner” in an intimate partner relationship may in fact have control over his or her other family members or intimate partner, as the others may be dependant on him or her for food, shelter, basic necessities and affection, but whether or not he or she chooses to exercise that power affects the likelihood of abuse. It should be noted that when a parent or grandparent inflicts abuse on his or her own child or grandchild, a separate charge of child abuse would likely be filed.

Many wonder why an abused individual would choose to stay with an abusive partner. Researchers and psychologists believe that it is because a person who has been consistently and/or severely victimized may suffer from a recognized psychological condition known as battered person’s syndrome. Battered person’s syndrome, also known as battered women’s syndrome or BWS explains why an abused individual (either a man or a woman) would voluntarily remain with his or her intimate partner. On a similar note, domestic violence studies suggest that strong, emotional bonds form between the victim and perpetrator involved in an abusive relationship due to the imbalance of power that exists. As the abuser gains more power, the victim’s self-esteem lessens and he or she becomes even more dependent on the abuser, feeling that he or she is undeserving of another’s love. In addition, during the “honeymoon phase” of the cycle of abuse, the abused partner believes that the abuse has stopped and forgives the abuser, which actually reinforces the abusive behavior and strengthens the bonds even more.

Help is available to those who wish to seek it. Counseling is available to both victims of domestic violence and to those who need help putting an end to their abusive behavior. Professional legal advice may also be helpful for either party involved in a relationship affected by intimate partner abuse. If he or she desires to learn more about what legal rights and/or remedies exist for domestic violence, the trustworthy attorneys at The Kavinoky Law Firm can address any questions or concerns about a Domestic Violence – related matter, as they specialize in California domestic violence law. They can advise a victim of intimate partner abuse on how to seek legal remedies, which may include helping the victim to file for a protective order or may help an individual charged with a D.V. crime, as they have a reputation for being exceptional domestic violence criminal defense lawyers. Contact The Kavinoky Law Firm today for a free consultation.

Civil Penalties and Violation of a Protective Order

Individuals who violate protective orders in California domestic violence cases can face civil penalties as well as criminal court consequences. Domestic abuse cases can involve any type of intimate partners – straight and gay couples who are married, divorced, living together, have children together, or who have dated at any time. Protective orders issued by courts are designed to prohibit an offender from committing specific acts of abuse, re-entering his or her own home, or engaging in certain behaviors.

Any intimate partner who knowingly violates a protective order faces a misdemeanor charge punishable by a maximum of one year in jail 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 a civil court, an individual who is found “liable” for committing this “wrong” or “tort” is subject to several different heavy fines but cannot be sentenced to jail or prison. Other than terminology, the penalty is the primary difference between a civil suit and a criminal case.

That being said, there are several differences between the procedures involved in civil and criminal courts with respect to violating a protective order. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the protected party (otherwise known as the victim), as many incorrectly believe. In a civil case, it is the protected party (who becomes known as the “plaintiff”) who sues the alleged abuser.

Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50 percent chance” that the defendant violated the court order that was issued to protect his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil lawsuit for violating a protective order, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property, and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.

In addition to monetary damages, a person found liable for violating a protective order may also have a civil protective order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, in a case where the defendant has been found guilty of violating an order already in effect, the order would likely be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of violating a protective order. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon this type of accusation. The criminal defense lawyers at The Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the severe consequences that are associated with a conviction for violating a protective order. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

Physical Evidence and its Role in a California Domestic Violence Criminal Threats Trial

California has a number of laws concerning crimes that, when committed against one’s intimate partner, will fall under the category of domestic violence. Intimate partners are married, divorced, living together, dating or were formerly dating and include people who have children together. Intimate partners are both heterosexual and same-sex partnerships. Making criminal threats against one’s intimate partner is an example of one crime that will result in a domestic abuse charge.

“Criminal threats” may be prosecuted as a misdemeanor or a felony depending on the circumstances that surrounded the allegation. An individual may be charged with this crime if he or she threatens to commit a crime against his or her intimate partner that will result in death or serious bodily injury to that partner. The threat can be verbal, written, electronically communicated or even made through a third person. Whether the accused actually intended to carry out the threat is irrelevant, as the only thing that matters with criminal threats is that the intimate partner reasonably feared for his or her safety or for the safety of his or her family. This offense is punishable by up to one year in the county jail or state prison.

Intimate partner abuse cases can be difficult to prove, as many are based on “he said, she said” allegations. Physical evidence of the crime is therefore critical if and when it exists. Without it, an aggressive criminal defense lawyer may be able to have the charge either reduced or dismissed due to insufficient evidence. With it, an attorney will have to know what arguments to make to have it excluded or will have to downplay its significance if it is admitted.

Physical evidence is evidence that one can see, hear or touch and helps to convict or acquit a defendant. Examples of physical evidence include injuries, DNA, documents or records and audio or visual recordings. In a domestic abuse case and, more specifically, in a case where the defendant has been accused of making criminal threats against his or her intimate partner, common types of physical evidence include letters written to the intimate partner (either on paper or sent through an e-mail or text message), messages that are recorded on the partner’s voicemail or answering machine, injury to the accuser and damage to personal property.

In a domestic violence trial, physical evidence can be a gift to the prosecutor. In a D.V. case, many jurors are looking to convict the defendant for the alleged abuse and this type of evidence makes it that much easier to do. When this type of evidence exists, it is up to a skilled defense attorney to try to either exclude it if it is damaging or to ensure that it gets admitted if it is favorable and clears his or her client of the charge.

In an effort to cover all the bases, the attorneys at The Kavinoky Law Firm work with private investigators and expert witnesses to carefully examine physical evidence. Private investigators take photos of the crime scene, including injuries that were sustained by the intimate partner, damage that was done to the home or to personal property, and of anything else that they feel is appropriate. They interview everyone who was involved in or witnessed the charged incident. Expert witnesses analyze physical evidence to determine if it is authentic. They examine handwriting on a letter, the voice on a recording and injuries to make sure that they are genuine and weren’t fabricated in an effort to falsely charge the defendant. The attorney then gathers the information he or she received from the defense team and devises the most effective defense strategy possible.

The experienced attorneys from The Kavinoky Law Firm know how to exclude or refute physical evidence, as they receive ongoing training in intimate partner violence law and on the evidentiary issues that frequently arise in domestic abuse trials. They understand the critical role that physical evidence can play in a criminal threats case and know ways to respond to it so that it favors their client. A knowledgeable defense lawyer can explain the role of physical evidence in a California domestic abuse case during a free consultation.