California domestic violence takes place when an individual commits a crime against his or her intimate partner, parent or child. Intimate partners are married, divorced, have children together, live together or previously lived together, are dating or were formerly dating. Domestic abuse occurs when an individual tries to control another member of his or her family or his or her intimate partner through intimidation, threats and/or physical violence. Domestic violence occurs between heterosexuals and homosexuals and affects families from all social, economic, ethnic and religious backgrounds. The most commonly reported type of domestic abuse is physical abuse.

Physical abuse in a Domestic Violence situation occurs when an individual intentionally uses force or violence upon an intimate partner or other family member, attempting to cause injury, harm or pain. Some of the most common types of physical abuse include assault with a weapon, punching, hitting or slapping, kicking, tripping, shaking, pinching, biting or choking, spitting, restraining, hair-pulling and sexual abuse.

Sexual abuse is a type of physical abuse that is most frequently seen as a type of intimate partner abuse but can also be seen as a form of child abuse. Domestic violence statistics report that people who are physically abusive to an intimate partner are often sexually violent as well. Adult sexual abuse can be sexual assault, sexual harassment or sexual exploitation. Sexual exploitation takes place when an individual forces an intimate partner to participate in pornographic filmmaking or forces another to look at pornographic materials or other sexual materials that make the partner uncomfortable. Sexual harassment occurs when one makes unwanted sexual advances towards his or her partner to gain power over that individual. Sexual assault takes place when an individual forces his or her intimate partner to have any type of unwanted, unsafe or degrading sexual activity, whether intercourse is involved or not. Child sexual abuse occurs when any activity with a child is done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography.

Any type of physical abuse has detrimental effects on the abused, and children are often affected in even more damaging ways, which, according to statistics, may ultimately lead to an attempted suicide. Persons affected by domestic violence are often fearful, anxious, stressed and depressed. They are characterized as having low self-esteem and have trouble trusting others. Victims often feel isolated, angry and abandoned. As a result, many exhibit destructive behavior and begin abusing drugs and/or alcohol, turn violent themselves and/or often completely withdraw from others. Most victims, despite the abuse, remain with their abusive intimate partners, because following an abusive incident, the perpetrator is very apologetic and loving (which is known as the “cycle of abuse”) or because the victim feels hopeless and may suffer from a recognized psychological condition known as battered person’s syndrome.

Physical abuse, when perpetrated against one’s intimate partner or other family members, will be prosecuted in California as a crime of domestic violence which has serious consequences in addition to whatever crime was actually committed. For example, a battery charge carries certain penalties, but if committed against an intimate partner, it will have additional penalties, specific to domestic violence crimes, as well. The experienced criminal defense lawyers at The Kavinoky Law Firm specialize in California domestic violence law and have offices located throughout the state, enabling them to provide their exceptional representation to anyone in need. They participate in ongoing education and training seminars on intimate partner abuse that gives them a deep understanding of the issues and defenses that are frequently raised in and used in these special types of cases. Contact them today for a free consultation..

Battered Person’s Syndrome and Violation of a Protective Order

Violation of a protective order is a California domestic violence charge that can be brought against an intimate partner. Almost any type of relationship can be considered an intimate partnership. The couple may be married, divorced, cohabiting, have children together, or be currently or were formerly dating. The couple may be of the opposite or same sex.

An intentional and knowing violation of a protective order is a misdemeanor charge punishable by a maximum penalty of a one-year jail sentence and a $1,000 fine. Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. California courts can even punish an individual for violating an order in California that was issued in another state. If the accuser suffers a physical injury during the violation, 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.

In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” – also known as “battered women’s syndrome” – comes into play and can be offered as evidence through the testimony of an expert witness by either side. 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 is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the accuser believing that the violence was his or her fault. 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.

When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have 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 will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” (or, in this case, the protected party) refuses to testify. The prosecutor then argues that the individual has recanted the allegations because he or she feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at The Kavinoky Law Firm have the training and experience to handle any case where the defendant is charged with violating a protective order. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well-qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome.

The Role of a Batterer’s Class in a California Domestic Violence Criminal Threats Conviction

Domestic violence, under California law, exists when a crime is committed against an individual by that individual’s intimate partner. Intimate partners include persons who are either heterosexual or homosexual and are dating, formerly dated, married, divorced, living together or have children together. This means that if an individual threatens his or her intimate partner, the charge will be prosecuted as a domestic abuse offense.

“Criminal threats” may be charged when an individual, either in person, in writing or through a third person, threatens to commit a crime against his or her intimate partner that would result in serious bodily injury or death to that partner if the crime was committed. The fact that the accused didn’t actually intend to commit the crime will not serve as a defense to this crime if the partner reasonably feared for his or her safety upon receipt of the threat.

California D.V. law requires that a defendant who is placed on probation for making a criminal threat against his or her intimate partner attend a batterer’s class. The offender will be required to attend class for a two-hour period at least once a week for one year. These classes are designed to help people convicted of intimate partner abuse learn to better control their anger.

Batterer’s classes are sensitive to sexual orientation, culture and ethnicity, and are conducted in either all female or all male settings. They are available to people of all economic classes. California regulates each class’s program to make sure that each class covers the same material regardless of its location in the state. Classes address the dynamics of power and control, socialization, gender roles, the nature of violence and the effects of abuse on children and others. Included in these broad topics are discussions about different types of abuse, which includes emotional, physical and sexual abuse, economic manipulation or control, threatening a partner, the destruction of property and other acts that affect the well-being and safety of the family.

Teaching a person convicted of a domestic violence crime to walk away from a potentially violent situation is the goal of this type of counseling. In order to achieve this objective, the facilitators encourage their students to examine their lives to gain a deeper understanding about why they need to be in control. If successful, the offender learns that he or she cannot control a relationship through violence or intimidation and has further learned effective ways to communicate and restore balance within his or her intimate relationship.

The defendant’s progress will be monitored by the court and will be considered unsatisfactory if the defendant either blames his or her partner for the abuse or in any other way attempts to shift his or her personal responsibility. When this type of denial or attitude exists, the class leader will confront the individual who has taken such a stance and will refute his or her justification for threatening or intimidating his or her intimate partner. The offender will also receive information about the destructive impact that domestic abuse has on self-esteem and on children who are either victims of or witnesses to such abuse.

The caring criminal defense lawyers at The Kavinoky Law Firm understand that attending a batterer’s program may be one of the most difficult conditions of probation for some of their clients to fulfill. With their compassion and discretion, they will make this difficult time a little easier. A skilled defense attorney can answer any questions about a California criminal threats charge during a free consultation.

Meeting with a Lawyer

Being arrested on a California domestic abuse charge can be one of the most frightening and overwhelming experiences an individual may ever have. Hiring the right attorney can help ease some of that anxiety as he or she can guide the accused through the criminal court process with experience and compassion. That being said, not all lawyers are created equal and it can be a daunting task to find the best representation. Here are some tips on how to make that decision easier during an obviously difficult time.

Try to get referrals from friends, family or associates. People who have experience dealing with a particular attorney or firm are the best resources. Local bar associations are also helpful as they can provide a list of local attorneys who specialize in criminal defense law. In addition, Internet searches are useful tools. Individuals can look at various attorney and firm websites to gain valuable insight as to what types of lawyers are out there. Random phone book or television advertisements should be avoided, as useful information cannot be reliably assessed from these sources.

Once the accused has a potential list of attorneys, he or she should contact the attorneys to set up consultations. Consultations can be either face-to-face at the attorney’s office or over the phone. Whether conducted in person or over the telephone, one of the most important things that a defendant should look for during a consultation is a feeling of trust.

Sharing the details of an intimate partner abuse incident can be a very emotional experience, which is why establishing trust is so important. The only way that a criminal defense lawyer can effectively represent his or her client is if the client discloses all facts and allows the attorney to decipher their importance and relevance. Honesty on the part of the client is crucial and, without it, that client’s defense is in severe jeopardy. It should be noted that even when an individual interviews a lawyer and does not ultimately hire him or her, that attorney still has an obligation to keep the entire conversation confidential.

The accused should have a list of questions to ask the lawyer and should also be prepared to answer a series of questions from the lawyer. The accused may want to ask questions about the attorney’s education and training, about his or her success rate with respect to similar domestic violence charges, and about how he or she keeps current with the law and cutting-edge trial strategies. It is crucial to hire a lawyer who has experience with California domestic abuse cases and laws. The attorneys from The Kavinoky Law Firm all receive extensive training and keep up-to-date on current criminal defense issues. They have successfully defended countless intimate partner domestic violence charges with integrity and skill.

A good lawyer wants to help a potential client understand the criminal process. He or she should make the individual feel that there is no such thing as a “stupid” question and should respond to all questions by giving meaningful answers. The tone and the extent in which the attorney answers the questions can be very telling about his or her knowledge on the subject. Additionally, a qualified attorney should ask the potential client very specific questions about the case and the events that took place prior to the accused’s arrest. He or she should also ask questions relating to the details about the arrest itself. If the attorney isn’t asking questions about the case, chances are that he or she is not serious about providing representation.

The bottom line is that an attorney should be honest, trustworthy, understanding and knowledgeable. The attorneys at The Kavinoky Law Firm exemplify those traits and take pride in exceeding client expectations. When things are at their worst, the attorneys of The Kavinoky Law Firm are at their best! Click here for a free consultation.

What to do when the abuser is also abused

California’s domestic violence laws include a variety of offenses and a variety of punishments. They can be charged as felonies or misdemeanors depending upon the extent of the violence and whether the complaining witness suffered an injury. The offenses include disputes between any intimate partners, whether or not the couple remains together. These partners may be married, cohabiting, have children in common, be divorced or separated, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

It is the very nature of these intimate relationships that give rise to highly charged, emotional disputes that can often spiral quickly out of control. Because the state is so strict with intimate partner abuse offenders, a conviction for domestic violence can jeopardize the offender’s family, career and freedom. Domestic violence statistics reveal that many times, there is not one true victim and one true offender in an abusive relationship, but that frequently, both partners abuse each other.

It is most often the case that when the police respond to a domestic abuse call, the person who called will be labeled the “victim” and the partner will be labeled the “abuser or batterer.” In most instances, the police rely on that assumption and then arrest the abuser, who, in a heterosexual relationship, is usually the man. As previously stated, however, there are times when the abuser has also been a victim of the abuse and, despite our society’s stereotypes, men are frequently abused in a number of ways by their female partners. When the abuser has also been abused, it is critical that he or she hire a criminal defense lawyer who will not only tell the accused’s side of the story but who will make sure that the judge and/or jury believe it as well. The attorneys at The Kavinoky Law Firm will do just that.

The experienced attorney will work closely with a private investigator to gather evidence that supports the accused’s side of the story. Evidence includes witness statements about the incident, medical reports, dated photographs of any injuries that the defendant sustained, police reports, weapons used by the partner, pictures of the home after the violent episode, household objects that were torn or broken by the partner, calls made to 911, and certified copies of the defendant’s partner’s criminal record. After this evidence is collected, the lawyer will devise the most effective strategy for not only defending the accused’s actions during the incident, but to highlight the fact that he or she was also a victim of the abuse and of the criminal justice system.

Additionally, if the defendant is in fear for his or her own safety, an experienced attorney can help that individual obtain an appropriate restraining order. A criminal lawyer will also help educate his or her client that if the partner violates the order, that partner will also face criminal charges. There is no reason why anyone needs to live in fear.

The well-qualified attorneys from The Kavinoky Law Firm are familiar with every aspect of a California domestic violence case and have successfully helped guide countless defendants through the criminal court process with compassion and respect. Click here for a free consultation.

Children are affected by domestic violence in a number of ways, regardless of whether they are the direct recipients of the abuse or witness abuse between their parents. Children who are raised in homes where incidents of domestic violence are commonplace have more emotional, physical and psychological problems than children who are raised in homes that are violence-free. As a result, these young victims require supportive, nurturing environments in which they can be assured that the abuse inflicted on them isn’t their fault and where they can be free to express themselves without fear.

California offers services, classes, protection and other resources for victims of child abuse and young victims who witness other acts of intimate partner abuse in their home. While dealing with a child who has been victimized can be overwhelming, the compassionate attorneys at the Kavinoky Law Firm can help. They have access to numerous resources for children and their parents and will give referrals for these resources that meet the individual needs of each family.

The national child abuse hotline at 1-800-4-A-CHILD or accessed on the web at www.ChildHelp.org is a great place to start for a parent trying to help his or her abused child, for an abused child or for a child at risk of being abused to seek guidance. The hotline is staffed 24 hours a day, 7 days a week and, thanks to interpreters, over 140 languages are spoken. Childhelp offers referrals to local community resources, literature, crisis intervention and information on emergency protection issues. They offer a variety of programs, including treatment at live-in facilities, which provide therapy, medical care and on-site schooling for severely abused children. The goal of these programs (and of Childhelp in general) is to provide a nurturing environment in which self-esteem and trust can be rediscovered in a child who has been victimized by child abuse and/or other forms of domestic violence.

Resources for child abuse can be readily accessed on-line and provide information on how to recognize abuse if is it suspected, where and how to report abuse, instructions on how to obtain emergency protective orders and other local referrals, depending on where one lives.

Local children’s courts may also be able to provide a list of local resources for both parents and children who have been affected by child abuse. In addition, many of these courts have Court Appointed Special Advocates (CASA) that may be able to offer suggestions on where to find additional information and may be able to refer parents and their children to classes for child victims and to classes for parents that teach a parent how to deal with an abused child, to therapists who specialize in working with abused children and to other organizations that may meet a particular family’s needs.

Defense Attorneys for Child Abuse Law

If a parent or anyone else suspects that a child may be suffering from abuse, either personally or by witnessing it, that adult must take action. Contacting a criminal lawyer is a good place to start to find out what legal and/or criminal action is possible. The trusted attorneys at the Kavinoky Law Firm will take the time to sit down and listen to a potential client’s questions and concerns. They specialize in California domestic violence law and, as a result, have the experience and training to help an individual tackle any D.V. related problem. When things are at their worst, the attorneys at the Kavinoky Law Firm are at their best! To discuss a child abuse case, please click here for a free consultation.

Battered Person’s Syndrome and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married or divorced, living together or formerly living together or have children in common. 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.

In this, as well as many other intimate partner abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side. 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 is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in infliction of injury cases 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. Because this syndrome is frequently introduced in a domestic abuse trial, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence is his or her fault. 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 in 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 will point out that the prosecution is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor argues, 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 attorneys at The Kavinoky Law Firm have the training and experience to handle any infliction of injury case. They have successfully defended countless cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. Click here for a free consultation and to secure the best representation available.

Professional Licensing Restrictions and Infliction of Injury

Willful infliction of injury is a California domestic violence charge, sometimes referred to as spousal abuse, which 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. A defendant can face this charge even if he or she barely touched the intimate partner.

When an individual is convicted for 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 infliction of injury 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 helps to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why an infliction of injury conviction (under most circumstances) is not substantially related to the accused’s “qualifications, functions, or duties” of his or her job. In addition, the skilled attorney may 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 an infliction of injury charge or if recently convicted of that 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.

Battered Person’s Syndrome and Sexual Battery

Sexual battery is a California domestic violence crime charged against an intimate partner. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dating. In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side.

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 is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from the Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence was his or her fault. 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.

Sexual battery is referred to as a “wobbler” offense, meaning that 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. “Touching” can be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser.

Sexual battery charges can be brought against any intimate partner, even one involved in an ongoing, intimate relationship. 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 sentence 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.

When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have 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 will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor then argues that the “victim” has recanted the allegations because the victim feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at the Kavinoky Law Firm have the training and experience to handle any sexual battery case. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. A skilled attorney from the Kavinoky Law Firm can provide a free consultation and outline an aggressive defense strategy designed to protect the accused partner’s rights and minimize the consequences of a sexual battery charge.

Sexual Battery Trial Considerations

Sexual battery can be charged in any California domestic violence case that involves one intimate partner touching the other for purposes of sexual gratification or abuse. The term ‘intimate partners’ include couples of the opposite and same sex who are married, divorced, living together, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can include any physical contact – however slight – even if it occurs through the clothing of either of the partners. This offense can even be charged against an individual involved 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.

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 sexual battery case:

• 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 sexual battery case. Because this crime doesn’t require that the victim actually suffer an injury, sexual battery can be charged with no physical proof of the touching. Photographs or medical records showing contact or revealing injury are therefore helpful to the prosecution if and when they exist. 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 sexual battery 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.

Domestic violence law is technical and complex, 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.