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.

Infliction of Injury

Willful infliction of injury, also known as “spousal abuse,” is a California domestic violence offense that can be applied to any type of intimate partners. This can include couples who are married or divorced, living together or formerly living together, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. 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.

Every crime has specific “elements” (facts) that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “Not Guilty.” In order to find the accused guilty of infliction of injury, the prosecutor must prove three elements.

The first element is that the defendant inflicted bodily injury upon his or her intimate partner. This means that the “victim’s” injury resulted from direct force applied by the accused. It doesn’t matter how slight the force was, only that some amount of force was used.

The second element that must be proved is that the infliction of injury was willful. “Willful” means that the individual had the willingness to inflict force. Willingness has nothing to do with the amount of force used or the physical result of the force; it only deals with the willingness to simply carry out the act. In a situation where the accused willfully used force in self-defense or in the defense of others, he or she is not guilty of this crime. It is the prosecutor’s burden to prove that the willful force was unlawful and not for one of the reasons stated above.

The final element of this charge is that the injury resulted in a “traumatic condition.” A traumatic condition means that the accused’s force caused an external or internal injury to his or her partner. The injury could be minor or serious. Basically, this means that any injury, no matter how slight, that wasn’t there before the defendant applied the force to his or her partner’s body will qualify.

Remember, in order to convict a criminal defendant on any charge, the prosecutor must prove every element of the crime beyond a reasonable doubt. In addition, a criminal conviction requires that all twelve members of the jury must be convinced that the charges are true. That means that if just one juror isn’t completely convinced of the defendant’s guilt, the jury cannot return a conviction. An experienced criminal defense lawyer will aggressively defend the accused partner’s rights and sow the seeds of reasonable doubt in the minds of jurors.

An infliction of injury conviction is no joke. An accusation can be devastating emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled defense attorney who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.

Domestic Violence Protective Orders

In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

Under domestic abuse law, temporary and permanent restraining orders specifically prohibit an individual from engaging in specific acts of abuse, returning to his or her home and/or acting in a manner specifically forbidden in the order. The orders protect all victims of intimate partner abuse. California offers four types of protective orders that apply to domestic abuse situations:

• Emergency protective orders
• Temporary restraining orders
• Criminal protective orders
• Civil harassment restraining orders

An emergency protective order is issued by the court when, based on a law enforcement officer’s assertions, it finds that reasonable grounds exist to believe 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. An emergency protective order is valid between five and seven days.

A temporary restraining order (commonly called a TRO) is an order that is issued by a judge and instructs the restrained party to stop the abuse or face serious legal consequences. Unlike an emergency protective order that is issued based on an officer’s belief that it is necessary, a victim may personally apply for a TRO if he or she believes that protection is immediately necessary. The individual may apply for the TRO “ex-parte,” which means that the partner doesn’t need to be present. The temporary order will last up to 15 days, or until the protected party is assigned a court hearing, which will usually be set about three weeks out.

Longer protective orders are available after the victim has a court hearing and can last up to five years. These orders are designed to keep an abuser from threatening, harassing, or abusing his or her partner. Upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the protected party has a reasonable fear that the partner will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidences of abuse are not required in order to get the order extended.

Civil protective orders are similar to the above three criminal orders, except that they are issued by a civil judge, not a criminal judge. The orders may include the same restrictions as the other orders but usually expire on a specified date. If the order has not been dated, it expires three years after it was issued. It is a good idea for a victim to ask for both types of orders (criminal and civil) because the criminal order may expire under certain circumstances while the civil order does not terminate until its specified date.

A protective order issued against an accused severely impacts the relationship with his or her spouse, children, family and friends. If found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer will investigate the criminal charge and help explain the accused’s side of the story. The experienced attorney will expose false charges, highlight discrepancies between witness accounts and address any extenuating circumstances that may have led to the violation.

If a victim is seeking a protective order or an accused needs to defend against a protective order, the experienced attorneys at The Kavinoky Law Firm are invaluable. They have successfully helped countless individuals navigate through the criminal justice system with ease, treating each client with compassion and respect. Click here for a free consultation.

Prior Convictions and Sexual Battery

Sexual battery can be charged in a California domestic violence case involving intimate partners. The term ‘intimate partners’ applies to any couple – heterosexual, same-sex, married, divorced, living together, and individuals who have children in common or are dating or formerly dating.

Sexual battery is a California domestic abuse law known as a “wobbler” because it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another 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.

In a sexual battery case, any physical contact can be considered “touching,” whether it occurs directly or through the clothing of one of the individuals involved. Even a partner involved in an ongoing intimate relationship can face sexual battery charges in California.

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 term 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.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of sexual battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if the defendant has a prior conviction for sexual battery and, in the pending case, the accused commits another sexual battery under certain conditions listed above (while the intimate partner is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious) and the intimate partner was a minor (a person under 18) at the time of the alleged offense, he or she will automatically be charged with a felony punishable by at least two years in state prison and possibly up to four. In addition, he or she will still face up to $10,000 in fines. It is also worth mentioning that an individual who commits a sexual battery against a minor will likely face additional criminal charges as well and should immediately contact an attorney upon an accusation.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence (any prior acts, sexual battery or otherwise) are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

This is another reason why it is so important for an accused – especially an accused who has a history of prior domestic abuse – to retain legal counsel that has experience dealing with California intimate partner abuse cases and is familiar with all of the issues that prior acts of domestic violence raise. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing sexual battery charges. They receive ongoing education and training in this specific area of the law, which is directly responsible for their outstanding results. An experienced defense lawyer can answer any questions about a sexual battery charge in California domestic violence case during a free consultation.

Cyber stalking as an increasing form of domestic violence stalking

In California, domestic violence laws apply to all crimes committed against one’s intimate partner. An intimate partner is the person with whom one has children, the person with whom one lives, a spouse or former spouse, a significant other or a former significant other. The laws apply to all partners, regardless of their sexual orientation. Because of these laws, if an individual follows or harasses and makes a credible threat against his or her intimate partner, he or she will be charged with stalking as a domestic abuse crime. A “credible threat” is a threat that is intended to place its recipient in fear and has the apparent ability to be carried out. If the form of the threat is communicated electronically, either through the Internet, an e-mail or via any other electronic communication device, the charge will be referred to as cyber stalking and the defendant will face significant jail or prison time and a host of other probationary requirements which are the consequences imposed in a stalking conviction.

Cyber stalking is a growing problem in this nation. It is not another form of stalking, it is simply one way to stalk an intimate partner. Evidence suggests that the majority of cyber stalkers are men stalking women, however there have been cases where the cyber stalkers are either women stalking men or persons of the same sex cyber stalking each other. Unfortunately, the Internet has made stalking easier for an individual, who may otherwise have been unwilling or unable to confront an intimate partner in person, to threaten, terrorize or harm that partner. The privacy that one has when writing an e-mail or when using the computer encourages an individual to freely send harassing or threatening messages without physically confronting his or her victim. In addition, a cyber stalker isn’t limited by proximity to his or her intimate partner, as electronic communications can be sent across the street or across the world.

Although cyber stalking can be relatively harmless, even when extremely aggravating – an example is if the cyber stalker regularly infects his or her intimate partner’s e-mail with viruses – it can also be even more alarming and potentially dangerous than offline, in-person stalking. A cyber stalker could pose as his or her intimate partner on different websites or chat-rooms, and post statements and/or personal information that may elicit horrifying responses and/or actions directed at the intimate partner. For example, the first cyber stalking case prosecuted in Los Angeles involved a man who posed as his victim, posting her address and telephone number on a variety of websites, claiming that she fantasized about being raped. As a result, many men went to her house to fulfill that fantasy. Clearly, the anonymity that the Internet provides can prove deadly to a stalking victim. The inability to readily identify the cyber stalker could be excruciatingly frustrating to the victim and may further encourage the stalker to continue his or her behavior on a more regular basis, using more methods and in more frightening ways.

When charged with cyber stalking an intimate partner, it is imperative that the accused contacts a criminal defense lawyer who has experience with stalking and all of the evidentiary issues and defenses that coincide with this crime. The outstanding attorneys at the Kavinoky Law Firm specialize in intimate partner abuse crimes, including stalking an intimate partner, and will aggressively defend their clients with skill and integrity. They know that most crimes of domestic violence arise out of highly charged, emotional relationships that always reveal at least two sides to the story and will ensure that their client’s version is considered by all. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. Click here for a free consultation.

Trial considerations that may affect a California domestic violence stalking case

California’s domestic violence laws apply to all crimes where the victim of the crime is an intimate partner of the perpetrator of the crime. Intimate partners are persons who are married, divorced, living together, have children together, dating or formerly dating. Intimate partners may be heterosexual partners or same-sex partners. Although the crime of stalking doesn’t have to be a domestic abuse crime, if committed against one’s intimate partner, it will be prosecuted as such.

Stalking may be filed as an intimate partner abuse crime if the suspect followed or harassed his or her intimate partner and threatened that partner, placing that partner in fear for his or her safety or for the safety of his or her family. Depending on the circumstances that surrounded the charged incidents, the crime may be filed as a misdemeanor or as a felony. When a defendant is charged and knows the penalties that he or she faces, he or she must decide whether to accept the charge or whether to take the case to trial. If he or she decides to take the case to trial, there are certain evidentiary issues that frequently arise in almost all domestic violence related cases, including D.V. stalking. The experienced attorneys at the Kavinoky Law Firm are familiar with and know how to effectively deal with any of the following trial issues should they come into play in a stalking trial.

Physical evidence can play a major role in a stalking case. Physical evidence includes evidence that can be seen (like a video recording or an injury), heard (like an audio recording) or scientifically analyzed (like DNA). If and when it exists, physical evidence can help to convict or acquit the accused, depending on what it reveals.

Eyewitness testimony may also be helpful in proving or disproving one’s innocence in a stalking trial. If someone other than the alleged victim were present during one of the alleged stalking incidents, he or she would be able to provide information that could either lead a jury to believe that the accused violated the law or that his or her actions were, in fact, lawful. A skilled criminal defense lawyer knows how to examine or cross-examine an eyewitness to elicit testimony that will ultimately favor his or her client’s side of the story.

In an intimate partner violence trial, the prosecution frequently tries to introduce hearsay evidence, including 911 calls. When such is the case, it is up to a good defense attorney to either argue for their exclusion or to downplay their significance. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this type of evidence and understand how to handle it when it becomes an issue in a stalking trial.

Recanting victims and battered person’s syndrome are commonplace in domestic abuse trials. When the alleged victim recants his or her story, an expert witness is usually called by the prosecution to testify that the witness has recanted because he or she suffers from battered person’s syndrome.

The laws of evidence that pertain to stalking and, more specifically, to stalking charged as a California domestic violence crime, are technical and complex. In order to put forth the best possible defense, it is imperative that a defendant contacts the unparalleled criminal defense attorneys at the Kavinoky Law Firm who have successfully defended countless individuals from domestic abuse crimes. They receive training in this specific area of the law, which is directly responsible for their outstanding results. Click here for a free consultation and for the best representation.

Violating a Protective Order

Protective orders are issued by courts in California domestic violence cases to prohibit an offender from committing specific acts of abuse, re-entering his or her own home 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 any type of intimate partners – whether they are married, divorced, cohabiting, have children in common, dating or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Any violation of a protective order is a misdemeanor punishable by a maximum sentence of one year jail time 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 may even punish an offender for violating an order in California that was issued in another state.

Every crime has specific elements or facts that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “Not Guilty.” In order to find the accused guilty of violating a protective order, the prosecutor must prove five elements:

The first element is that the court issued an order that prohibited the defendant from taking a specific action. In order to prove this element, the prosecution must only show that the court issued an order, which is available in the court file. The second element is that the order was issued in a domestic violence case (which means that the named parties were intimate partners), prohibiting the accused from certain conduct. The third element is that the defendant knew about the order and what it said. The prosecutor doesn’t have to prove that the accused actually read the order, only that he or she had the opportunity to read it or to learn about its contents. The fourth element is that the defendant had the ability to follow the order. This means that he or she didn’t face an obstacle that made it impossible to follow the court’s instructions. The final element that the prosecutor needs to prove is that the accused willfully violated the court’s order, which means that the violation wasn’t the result of a mistake or an accident.

In addition, if the prosecution alleges that the defendant’s violation of the court order resulted in physical injury to the protected party, the prosecutor must prove an additional element that states that it was the accused party’s violation of that specific order that caused the victim’s injury.

In California, a conviction for violating a court order is no joke, as a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless intimate partner abuse cases, contact the experienced attorneys at The Kavinoky Law Firm for a free consultation.

Domestic battery, also called “spousal battery” and “spousal abuse,” is a California domestic violence offense involving intimate partners. The term “intimate partners” can include individuals who are heterosexual or homosexual, who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Under California law, domestic battery is a “wobbler,” which means that the offense can be charged as either a misdemeanor or a felony depending on the facts of the case. Willfully and unlawfully inflicting force or violence upon an intimate partner is typically charged as misdemeanor battery and carries a maximum penalty of a one year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge.

However, if serious bodily injury occurs, such as broken bones, loss of consciousness or a concussion, the offense likely will be charged as a felony punishable by a maximum of four years in state prison.

When an individual is convicted of this domestic abuse crime, there are several mandatory penalties that will be imposed, and other penalties that may be imposed. One of the possible consequences that a defendant convicted of battery may face is a restriction on his or her professional license.

Under California law, a licensing board may suspend or revoke a license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. It does not matter whether the conviction was the result of a jury trial, a Guilty plea, or a No Contest plea. This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards that maintain their own standards and practices related to disciplining their license-holders that may be even more restrictive.

In order to defend against a professional license restriction, it is very beneficial to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a domestic battery conviction (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney will recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

If either facing a battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at The Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! To discuss a potential professional licensing restriction, or any other legal matter, click here for a free consultation.

Domestic violence and the military

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners: cohabiting couples, former spouses or fiancés/fiancées, people who are or were dating, and same-sex partnerships. The military, however, limits intimate partners to current spouses and has their own way of handling the problem. Although most military cases involve husbands abusing wives, there are cases where the husband is the victim.

A family abuse case will usually go one of two ways if a member of the military is involved: The case will either be handled by the military justice system or by the Family Advocacy Program.

Under the military justice system, the military commander is in charge of enforcing order and discipline. He or she does so within each unit by using methods ranging from mild administrative measures, including formal or informal counseling, to full-blown General Court Martial, where an individual can be sentenced to severe disciplinary action, including military discharge. This system is penalty driven.

The more common route, the Family Advocacy Program, is an identification, intervention, and treatment program, not a punishment system. It should be noted that information obtained under the Family Advocacy Program may be used as evidence in the military justice system if the case isn’t first settled within the program.

Under family advocacy, military officials assess the alleged abuser to determine whether the individual would benefit from treatment and, if so, what treatment would be appropriate. As for the victim, an advocate is assigned to assess his or her safety and to help develop a safety plan for the family. Throughout the process, victim advocates ensure that the victim’s medical, mental health and protection needs are being met.

In a number of situations, spouses have reported being afraid to report abuse because of financial concerns about the implications of a discharge. Federal law has taken that into account and has set aside financial protections for spouses and children of members of the military who are discharged for committing domestic violence crime.

Although a domestic abuse conviction can end a service member’s military career, it doesn’t have to. Department of Defense officials state that most military spousal abuse is reported early, when chances of successful treatment are good. Some abusers even self-report before the problem becomes chronic or severe. Taking quick action means that an abuser’s military career isn’t necessarily impacted.

The bottom line is that the military is taking a stand against intimate partner abuse. For years, victims of abuse by members of the military complained that they weren’t taken seriously or that their complaints were “swept under the rug.” This is no longer the case. The military is following the rest of the nation in trying to combat this epidemic. Domestic violence victims are now being heard and abusers, whether civilians or military personnel, are being held accountable.

For more information, please contact The Kavinoky Law Offices for a free consultation about this or any other criminal matter. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best!