Types of Abuse that Can Lead to Domestic Violence Charges in California

In California, domestic violence laws apply to all crimes that are committed against one’s intimate partner (that is, a spouse, former spouse, significant other, former significant other, the person with whom one lives or lived and the person with whom one has children), one’s child, parent or anyone else related by blood or marriage within the second degree. Domestic abuse is a general phrase that encompasses many different types of abuse, some that are easy to identify and prove and others that are not.

Physical abuse is perhaps the most commonly identified and most reported type of domestic abuse and can range from restraint to murder. Physical abuse occurs when an individual intentionally uses force upon another, attempting to cause pain, harm and/or injury. Types of physical abuse include, but are not limited to, sexual abuse, slapping, hitting, punching, pushing, shaking, restraining, biting, choking and assault with a weapon.

Emotional abuse, also known as verbal abuse or psychological abuse is thought to be widely underreported because of the fact that it is difficult to prove and is usually committed in conjunction with other forms of abuse. Although it would seem that physical abuse would be more painful, the effects of emotional abuse are considered to be far more devastating. Emotional abuse occurs when an individual threatens or intimidates another in an effort to gain control over that person, shames, mocks or criticizes another person (regardless of whether others are around at the time), isolates another person, destroys pets or property in front of another person in an effort to instill fear in that individual and when an offender blames the victim for the offender’s violent actions.

Financial abuse, or economic dependence, occurs when an individual either prevents access to or withholds money, checks or credit cards from another, steals from another (for example, a child who steals from a parent or a partner who steals from his or her partner or exploits that partner for his or her own financial gain) or withholds necessities from another such as food, shelter, medicine or clothes. Financial abuse often goes hand-in-hand with emotional abuse and can cause a victim to feel absolutely hopeless.

The effects of domestic violence are serious and can last forever. Victims of D.V. often exhibit depression, anxiety or fear, low self-esteem, anger, withdrawal, a difficulty in forming relationships with others, eating disorders and other health problems and may develop drug, alcohol and/or other destructive, addictive behaviors. The effects on children (whether they are directly abused or witness the abuse that takes place in their home) are even more extreme. In addition to the above behaviors, children will often act out by committing crimes and acting violent towards others, may attempt suicide and are more likely to grow up to be adult abusers.

The outstanding attorneys at The Kavinoky Law Firm specialize in California crimes of domestic violence and can help defend against a charge of intimate partner abuse, child abuse or elder abuse. These trustworthy attorneys can also provide referrals for counseling and other types of services for abusers who want help and for the victims that they have hurt. Because of the devastating effects that abuse can have on one’s family, an offender faces severe consequences if convicted of a Domestic Violence-related crime. One’s family and freedom are too important to trust to an inexperienced attorney. Contact the attorneys at The Kavinoky Law Firm today for a free consultation.

The Criminal Courts System – After the Arrest

Once a suspect has been arrested for domestic violence, he or she will be taken to a police station to get “booked,” which means entered into a criminal database, fingerprinted and photographed. Once that process is completed, the accused will be placed in a “holding cell” until released or transferred to a local jail. In California, without first having a formal hearing, a suspect held on most domestic abuse charges cannot be released without first posting bail. This means that he or she can’t be released on his or her own recognizance (commonly called OR), which is release based solely on a promise to reappear before the judge.

The amount of bail is predetermined according to a bail schedule. Depending on the circumstances of the arrest and the defendant’s prior criminal history, the defendant’s lawyer may make a motion to have bail reduced. If bail is posted, the accused may be released, but will likely have a restraining order issued against him or her which typically prevents the accused from having contact with the accuser or with his or her own children. Any violation of this order will result in additional criminal charges.

The arraignment is the defendant’s first formal court appearance. At the arraignment, the defendant is advised of all pending charges and given his Constitutional rights. Unlike many other charges, in an intimate partner abuse case, the defendant must personally appear before the judge. This is the stage when the defendant pleads “Not Guilty” to the charges. Depending on the circumstances, a skilled defense attorney may or may not argue against any pending orders.

Once the plea has been entered, it is time for the attorney to begin his or her investigation. Many times the lawyer will hire a private investigator to help question witnesses. It is critical that the defendant shares every detail about the incident and what led to it with the attorney, because the attorney can only successfully defend a client when he or she knows everything and therefore can’t be surprised by the prosecutor. This is why it is so important for the defendant to have faith and confidence in his or her attorney. The skilled attorneys at The Kavinoky Law Firm treat their clients with compassion and respect and have successfully defended countless California domestic violence cases.

If the defendant faces a felony for his or her abuse charge, the next phase is the preliminary hearing. A preliminary hearing resembles a “mini trial” except that there is no jury, only a judge. The judge listens to the testimony of the witnesses to determine if there is enough evidence to either “hold the defendant to answer” to the charges, reduce the charges to a misdemeanor, or to dismiss the charges altogether.

Assuming the judge doesn’t dismiss the charges (which is usually the case), the case will move forward to trial. An intimate partner abuse trial can last a few days or a few weeks.

The trial includes several phases, including jury selection, opening statements, examination and cross-examination of witnesses, closing arguments, and jury deliberations. If the prosecutor can’t convince every juror of the defendant’s guilt, there cannot be a conviction.

If there is a conviction, the judge will hear arguments by both sides as to sentencing and may additionally ask the Probation Department for its recommendation. The court may seek remedies that both punish and rehabilitate the offender. More severe sentencing may face a defendant who has prior convictions for domestic violence. An aggressive attorney will fight for the best possible outcome and for the least intrusive sentence.

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. Speaking with a qualified criminal defense lawyer is the safest way to ensure that these possibilities don’t become a reality. Contact an attorney from The Kavinoky Law Firm today for a free consultation and for the best representation.

Domestic battery, also known as “spousal abuse” or “spousal battery,” is a California domestic violence offense that can apply to any type of intimate partners. The term “intimate partners” encompasses nearly every type of relationship – the individuals may be heterosexual or homosexual and may be married, divorced, living together, have children in common, or be dating or formerly dated.

Any time an individual willfully and unlawfully uses force or violence against an intimate partner, no matter how little force is used, he or she can be charged with battery. Most battery charges are filed as misdemeanors that carry a maximum of a one-year jail sentence and a $2,000 fine. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

A battery charge can be filed against an individual even if he or she caused no injury to the accuser. This means that it would be very easy for an alleged “victim” to charge his or her partner with this crime with little or perhaps no evidence. Many times an individual will do this simply out of revenge, anger, or some other inappropriate motive. He or she may later decide to tell the truth about what happened, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the “victim” chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that recanting (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, two major issues arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution plays for the jury a recording of the call that the victim placed to the police. The prosecutor will also admit into evidence any statements that the victim made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a victim recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse” and that the victim likely suffers from “battered person’s syndrome.”

When an intimate partner chooses to recant his or her allegation, a highly qualified, knowledgeable and compassionate defense attorney from The Kavinoky Law Firm can help both parties navigate through the system. The attorney will help develop the most effective defense strategy to successfully put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

Domestic battery is a California domestic violence offense also called “spousal abuse” or “spousal battery” that applies to intimate partners. Intimate partners can be straight or gay, married, divorced, or living together, have children together, or simply be dating or formerly dated.

Battery is known as a “wobbler”, which is a California criminal offense that can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Anyone believed to have willfully and unlawfully used force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. An individual can face a battery charge even if he or she used the slightest force. Any unwanted touching can lead to a battery charge. However, in cases of serious bodily injury, such as broken bones, loss of consciousness or a concussion, the individual will likely face a felony charge which carries a maximum of four years in state prison.

Unfortunately, there are many partners who 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 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 domestic 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 domestic 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 battery case, if an alleged abuser’s DNA evidence, such as 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 in 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 domestic battery conviction. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client. Click here for a free consultation and for the best representation.

Violation of a Protective Order Trial Considerations

Individuals facing a charge of violation of a protective order or another California domestic violence offense involving intimate partners face specific issues if their cases go to trial. California domestic abuse law defines ‘intimate partners’ very broadly – they may be married, divorced, cohabiting, have children in common, be dating or formerly dated. The laws apply equally to straight and gay couples.

Protective orders are issued by the court in California DV cases to bar an offender from engaging in abuse, re-entering his or her own home, or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor that carries a maximum penalty 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 and the fine may rise to $2,000.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client’s advantage.

The following are some of the issues that may arise in a case where the defendant is accused of violating a protective order:

• Battered Person’s Syndrome (more commonly called Battered Women’s Syndrome) is a 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.
• Physical evidence can be a huge issue in a violation of a court order case. When a defendant violates a court order, the violation could be verbal, written or physical. Anything physical evidencing the violation is therefore helpful to the prosecution if and when it exists. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in domestic violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.
• The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

There are many unique trial issues that arise in a case alleging violation of a protective order, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Criminal Threats

Domestic violence laws in California protect against abuse between intimate partners. The phrase “intimate partners” applies to both straight and gay couples who are either married or divorced, have children together, are living together, or who have dated at any time. Making criminal threats against an intimate partner is one of the charges that may be filed in a California domestic violence case.

Given the fact that California is one of the strictest states with respect to its domestic abuse offenders, it is critical to hire an attorney who is experienced and knowledgeable to aggressively defend the charges. The consequences that a domestic violence arrest can bring are extremely serious and a skilled attorney at The Kavinoky Law Firm knows how to successfully resolve these types of cases.

“Criminal threats” is what is known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime if the partner is reasonably in fear for his or her own safety or for the safety of his or her family. This charge may be prosecuted as either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the accuser that the threat could be immediately executed. In addition, the form of the threat doesn’t matter – the threat could be made in person, in a letter, over the telephone, or conveyed in an e-mail – just as long as the person actually receives the threat. On that note, the threat doesn’t even need to be real. Even if the defendant never actually intended to carry out the threat, he or she could still be prosecuted for this crime if his or her intimate partner was reasonably in fear.

Making criminal threats isn’t necessarily a domestic violence charge, as a threat can be made against anyone. However, when the threat is directed at an intimate partner, the result is that the charge will be treated as an intimate partner abuse case and prosecuted under domestic violence law. California domestic violence laws carry serious consequences, including but not limited to heavy fines, jail and/or prison time, firearm and professional licensing restrictions, and irreparable damage to one’s reputation. Given the severity of these consequences, it is vital to have a skilled attorney at the defendant’s table.

An experienced attorney will focus on the accuser’s motives and credibility and possible lesser-included offenses. Sometimes the accused faces false allegations based on factors such as jealousy or revenge and it is up to a skilled lawyer to highlight these types of defenses. Contacting a criminal defense attorney at The Kavinoky Law Firm as soon as possible allows the attorney to question witnesses and examine evidence soon after the event, providing the best opportunity for a successful defense.

Many individuals convicted of a misdemeanor or felony offense in California fear that their criminal records will follow them throughout their lives and create impediments to employment, housing, education and other opportunities. This fear is not unfounded, however, it’s often possible to wipe the slate clean through a process called expungement. The skilled lawyers of The Kavinoky Law Firm are experienced in every aspect of California expungement and other forms of post-conviction relief, and will fight hard to clean up an individual’s criminal record.

Expungement of California misdemeanor offenses is possible as long as the defendant meets certain criteria. The individual must have completed probation, if applicable, or have been granted early release – something that a knowledgeable defense attorney can also help with. If the individual violated the terms of probation and had it reinstated or revoked, it’s up to the court to decide whether to grant expungement. If the individual was not placed on probation, at least one year must pass between the date of conviction and the date that expungement is requested.

In addition to the requirements listed above, all fines, court fees and restitution ordered as part of the original sentence must be paid, and the individual cannot have any criminal charges pending or be on probation for another offense.

Certain offenses cannot be expunged, including most sex crimes and violations of California Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803.

If all of the requirements listed above are met, the process of expunging a California misdemeanor conviction is as follows: An attorney files a petition with the original court of conviction to have the charges dismissed. If the petition is granted, the individual is allowed to withdraw a plea of Guilty or nolo contendere / No Contest. If the individual was convicted by a judge or jury, the guilty verdict is set aside. When that occurs, the original charges are dismissed and the individual no longer has a conviction on his or her record.

Although expunging a California misdemeanor conviction has enormous benefits, there are also limitations. The individual must disclose expunged offenses in certain circumstances, including applications for public office or any state license, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery.

Other circumstances not specifically mandated by law may also require disclosure, such as applications to become a police officer. In addition, restrictions such as firearm possession or requirement to register as a sex offender will still apply even though expungement has been accomplished..

Despite the limitations, the benefits of expunging a California misdemeanor conviction are enormous. Having a clean criminal record eliminates hurdles to many opportunities, particularly employment. Perhaps even more valuable is the peace of mind that comes from rectifying a past mistake. To learn more about expungement or other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.

Infliction of Injury’s Aggravating Factors

Willful infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be 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.

While that is the basis of an infliction of injury charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will not only aggressively defend the charges, but will also do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

In an infliction of injury case, if the accused either lives with or lived with the alleged victim or a minor (a person under 18 years of age), or the accused is married to the victim, or the accused is a parent, step-parent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurs in the presence of or was witnessed by that minor, the accused will face an aggravated sentence if convicted of the crime.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice.

In addition to the issue of aggravating factors just described, the consequences of a conviction for infliction of injury may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury.If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of infliction of injury in a case where the victim was seriously injured faces up to a total of nine years in prison.

With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this highly complex and technical area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.

Registration as a Sex Offender upon a Sexual Battery Conviction

An individual who touches an intimate partner for sexual gratification against that person’s will can be charged with sexual battery. Under California domestic violence law, intimate partners can be couples who are heterosexual or homosexual, married, divorced, cohabitating, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can be defined as any physical contact – however slight – whether it occurs directly or through the clothing of one of the partners. Even an individual involved in an ongoing intimate relationship can be charged with sexual battery.

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. If the offense occurs while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence can 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. The offender also will be required to register as a sex offender.

In California, when a convicted defendant is required to register as a sex offender, it is for the rest of his or her life while living, working or going to school this state. Upon registration, he or she must pay $200 upon a first conviction or $300 upon a second or subsequent conviction in addition to any fines imposed on the open case that will go to a general fund disbursed through the Department of Justice.

The offender must personally register his or her address (or addresses if the defendant has more than one address where he or she regularly lives) with his or her local law enforcement agency and with the campus police of any college that he or she attends within 5 days of the requirement. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network.

An individual who works in California but lives out of state must register here if required to register as a sex offender in his or her home state. Changes of address or name changes must be immediately reported to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one-year in the county jail for a misdemeanor or by either 16 months or two or three years in the state prison for a felony.

The consequences of registering as sex offender are life-altering. If facing a sexual battery charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law to help avoid this severe consequence. 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 compassion and respect. An experienced defense lawyer can answer any questions about a sexual battery charge or any California domestic violence offense during a free consultation.