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.

Sex Offender Management and Sexual Battery

In California, when an individual is convicted of certain sex crimes, including sexual battery, he or she is required to register as a sex offender with a local law enforcement agency. Prior to being placed on probation, or prior to being released from jail or prison, the convicted defendant will be notified in writing of his or her duty to register, and the Department of Justice (DOJ) receives a copy of that notification.

Sexual battery is a California domestic violence offense that can be charged against any partner in an intimate relationship. Under California law, intimate partners can be heterosexual or homosexual couples who may be married, divorced, living together, have children together, or be dating or formerly dating.

Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse faces a sexual battery charge. Any type of physical contact, however slight, can constitute touching in a California sexual battery case. It doesn’t matter whether the contact is direct or occurs through the clothing of either individual. Even someone involved in an ongoing intimate relationship can face a sexual battery charge.

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. While that is the maximum prison sentence and fine that can accompany a first time sexual battery conviction, it is not a complete list of the penalties that face the offender. Perhaps the most severe, because of its social stigma, is mandatory registration as a sex offender.

Registered sex offenders must update their information annually, within five days of their birthday. However, if an offender moves or changes his or her name after an update, he or she is required to notify the local law enforcement agency within five days of that date. Certain sex offenders must update more frequently than yearly, such as transients (people who don’t have legal addresses) and sexually violent predators.

This information is maintained in the sex offender tracking program at the DOJ, which is posted on the Internet under certain circumstances. The program keeps track of each individual’s upcoming required update and also keeps track of violations of those updates. The DOJ updates their sex offender database daily, based on information that it receives from various law enforcement agencies.

Once registered, an individual’s information (either full address and other pertinent information or a zip code with other pertinent information) can be found online at www.meganslaw.ca.gov, which is the California website run by the Office of the Attorney General, Department of Justice. However, not every registered sex offender will appear on the Internet, because about 25 percent are excluded from public disclosure. Whether or not one’s information can be publicly disclosed is based on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” sex crimes may apply for exclusion. Included in that list is a person convicted of sexual battery who unlawfully restrained the victim.

California was the first state to enact a sex offender registration law, about 45 years ahead of most other states. It is also one of the toughest states on its intimate partner abuse offenders. With this being the case, it is imperative that one who is accused of a domestic sexual battery immediately hires a qualified criminal defense lawyer who is familiar with every aspect of a sexual battery case and can effectively implement all its defenses. The attorneys at the Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. An experienced, caring defense lawyer can answer any questions about a sexual battery charge or another California domestic violence during a free consultation.

Hearsay and its admissibility in a stalking case prosecuted as a California crime of domestic violence

When an individual harasses or follows and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with the California domestic violence crime of stalking. Intimate partners may be heterosexual partners or same sex partners that are married or divorced, living together or formerly living together, dating or formerly dating or that have children together. If convicted, the defendant faces either a misdemeanor, punishable by up to one year in county jail and up to a $1,000 fine or a felony, punishable by up to five years in state prison. Aggravating factors and/or prior convictions help determine whether the defendant will be charged with a misdemeanor or a felony and also help determine the extent of the punishment.

There are certain rules of evidence that apply to California domestic abuse cases that don’t apply to other types of criminal cases. Because the stakes are so high in a D.V. case – one’s reputation, family and career are all placed in jeopardy the minute an arrest is made – it is critical for an individual accused of an intimate partner abuse crime to immediately hire an attorney who specializes in this technical area of the law and who is therefore familiar with all of the special evidentiary exceptions that come into play in a domestic violence case.

“Hearsay” is one of those exceptions. Hearsay is a legal term and simply refers to any statement that an individual made previous to his or her testimony under oath, in court. One’s statement or statements that he or she made out of court are oftentimes thought to be relevant to a case, and attorneys frequently try to admit those statements into evidence in a criminal trial. Under most circumstances, these statements are excluded from evidence, because they are believed to be unreliable. However, in California, hearsay, under certain circumstances, is admissible in a domestic violence case. The most common type of hearsay that is acceptable in a DV case is a statement or statements that the alleged victim made when he or she was either witnessing or experiencing the alleged incident. These statements may have been recorded in a 911-telephone call, heard by a neighbor or friend or made to the investigating officer. This type of hearsay is admissible in a stalking or other intimate partner abuse trial because it is believed that the spontaneity of such statements provides an adequate guarantee of their reliability. In reality, this clearly isn’t the case, as many domestic abuse cases are inappropriately filed based on false charges, when the accuser deliberately placed a 911 call out of jealousy, revenge or anger. However, because the statements will still be admissible, it is up to a savvy criminal defense lawyer to recognize when such is the case and to bring it to the judge and jury’s attention, thus serving to vindicate his or her client.

Because of the highly complex and technical rules (and exceptions to those rules) that apply to a California intimate partner violence case, it is absolutely necessary to have a skilled and qualified California defense lawyer who knows how to exclude or downplay this type of evidence. The exceptional attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a stalking case. They specialize in DV cases and have successfully defended countless individuals charged with these types of crimes. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! Contact them today for a free consultation and for the best representation.

 

Domestic violence, defined by California law, is abuse that takes place within families, specifically with respect to children, parents and grandparents, and between intimate partners. Intimate partners are both heterosexual and homosexual and include people who have children together, people who are living together or who formerly lived together, people who are dating or were dating and people who are married or divorced. Domestic abuse may take on many forms, the most common types being physical, emotional and financial abuse.

Financial abuse, also known as economic dependence or economic abuse, occurs when an individual exerts power over his or her intimate partner or another family member by withholding or preventing access to money, checks, credit cards, necessities such as food, clothing, shelter and medicine and/or steals from his or her intimate partner or another family member. On that note, if such depravation takes place against one’s own child, a child abuse charge of child endangerment may be filed against the parent. Draining bank accounts or accessing other lines of credit are additional ways that an abuser can financially assert power over a family member or intimate partner. When these types of theft occur, the victim’s ability to find new housing or employment may be adversely affected, which acts as a significant barrier to self-sufficiency and empowerment. Economic abuse is a type of emotional abuse and can leave a victim feeling helpless.

Although this type of economic dependence usually takes place between intimate partners, other family members may be affected as well. If a child steals from his or her parent, that is economic abuse and will be treated as a form of domestic violence. It should be noted that the juvenile justice system is different from the adult system and the child would not be prosecuted in the same manner as an adult offender would. Similarly, a child could steal from a grandparent or an adult could steal from an elder parent, which could be prosecuted as elder financial abuse, falling under the jurisdiction of California’s domestic violence laws.

Financial abuse affects victims in much the same way as any other type of domestic abuse. Victims of economic abuse often feel hopeless and trapped in an emotionally draining relationship. They may suffer from depression, stress or anxiety and may develop significant health problems. Depending on how much additional emotional abuse is being targeted at the victim, he or she may also feel worthless and resort to destructive behavior. Sometimes the abuser may force an intimate partner to assume sole responsibility for the bills, may demand his or her paychecks and/or may force his or her intimate partner or child to commit crimes in order to obtain money. When these types of abuses occur, the victim may exhibit even more extreme versions of the above-listed symptoms and may completely withdraw and/or contemplate suicide or act violently towards others.

People who find themselves being financially abused by an intimate partner may be unable to leave their partner due to a recognized psychological condition known as “battered person’s syndrome”. This syndrome, and what’s known as the “cycle of abuse,” are recognized issues that explain why someone who has been consistently and/or severely victimized would choose to stay in a harmful relationship.

Individuals who are being financially abused should speak to an attorney about their legal rights and should seek help to learn how to safely leave an abusive relationship. An individual charged with a crime of domestic violence should immediately contact a criminal defense lawyer upon an accusation. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse charges and all that goes along with this special class of crimes. They have successfully defended countless individuals charged with domestic violence and treat each client with the respect, discretion and compassion that he or she deserves. To discuss financial abuse or to discuss a domestic violence arrest, contact The Kavinoky Law Firm for a consultation.

Recanting Victims and their Role in a California Domestic Violence Criminal Threats Trial

California domestic violence laws apply to all crimes where the victim is an intimate partner of the defendant. Intimate partners are both homosexual and heterosexual couples that are dating or formerly dated, married, divorced, living together or have children together. When an individual is charged with making criminal threats against his or her intimate partner, the charge will be prosecuted as a domestic abuse crime.

“Criminal threats” is charged when an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in serious bodily harm or death to that partner. Whether the defendant actually intended to commit the threatened crime is irrelevant to his or her defense. The only issue that truly matters is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Because an accusation against one’s intimate partner for making a criminal threat can be made with no evidence of the threat, it would be easy for someone to falsely accuse his or her partner of this crime. When this type of situation occurs, the accuser may later decide that he or she wants to tell the truth about what happened. He or she may incorrectly believe that it will help the accused if he or she doesn’t co-operate with the police or prosecuting agency or “recants” (which means to change, retract or take back) his or her allegation. When an accuser does this, it can actually be devastating to the defendant.

When an accuser decides to come clean about a false accusation, it is best that both partners speak to a criminal defense lawyer who is familiar with the issues that a recanting victim raises. The attorneys at The Kavinoky Law Firm have successfully defended numerous individuals who were charged with domestic abuse crimes, including making criminal threats, and understand the challenges that a recanting victim presents. With their compassion, they can help both parties navigate through the criminal court system in an effort to right a wrong.

Recanting victims allow a prosecutor to introduce evidence that may otherwise have been inadmissible during a D.V. trial for threatening an intimate partner. When an accuser recants, the prosecutor is allowed to play for the jury a recording of the emergency call that the accuser placed to the police, either during the threat or immediately after the threat. The district attorney will also be allowed to introduce statements that were made by the accuser during the police investigation. Since that call and the subsequent statements were made when the accuser was actually in fear or were made out of anger, revenge or some other motive that served as the basis for placing the original call, the tone and emotions of the accuser will undoubtedly come through and will receive undue attention from the jury. In addition, when an accuser recants, the prosecutor will likely hire an expert witness to testify that the individual is recanting because he or she was told to do so by an already abusive partner or because he or she was fearful of what would happen if this was not done. The expert will discuss intimate partner violence issues such as the “cycle of abuse” and “battered person’s syndrome” that will likely resonate with the jury. This is another reason why it is imperative for the accused to have a defense attorney who, at the very least, will hire a defense expert to rebut this type of testimony and offer the many legitimate reasons why an accuser might deny his or her original allegations.

When an individual recants, either because his or her original allegations were false or because he or she is truly fearful of his or her partner, it is critical for the accused to retain experienced legal counsel. The attorneys at The Kavinoky Law Firm know what it takes to successfully defend an individual against the damaging effects of a recanting victim.

Domestic battery is a California domestic violence offense that applies to intimate partners. The offense is also referred to as “spousal abuse” or “spousal battery.” Intimate partners include heterosexual or homosexual couples and those who are married, divorced, living together, have children in common, or are dating or formerly dated.

Battery is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Even the slightest force, or any unwanted touching, can result in a domestic battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of domestic 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 a defendant is convicted of domestic battery and has been previously convicted of this same charge, he or she will most likely be ordered to serve at least 48 hours in county jail. This is another reason why it is so important for an accused – especially an accused who has a prior battery conviction – to retain legal counsel who has experience dealing with California intimate partner abuse cases. Without a competent attorney, a defendant will definitely serve the mandatory time in jail upon a second conviction. However, a skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

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 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.

When facing a domestic battery charge – especially when one has a history of prior domestic abuse – it is imperative to hire a qualified criminal defense attorney who is not only familiar with all of the issues that frequently arise with this charge, but who is also 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 intimate partner abuse charges. They receive ongoing education and training in this specific 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.

Domestic battery, which is sometimes called “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. Intimate partners aren’t limited to married couples; they may be heterosexual or homosexual and could be divorced, living together, have children in common, or be dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence upon an intimate partner can face a battery accusation, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. A defendant can be charged with this offense even if he or she used only the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, such as a broken bone, the battery will rise to a felony, which carries a maximum of four years in state prison.

Because of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many battery cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Domestic battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the incident, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at The Kavinoky Law Firm have successfully defended countless individuals who faced battery charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’s criminal history to uncover any past conduct that could be considered relevant in weighing the credibility of that witness. A knowledgeable attorney will effectively cross-examine witnesses in a battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the “kiss of death” to a defendant facing a domestic abuse charge. When facing a battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at The Kavinoky Law Firm know how to handle various witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win for their client! Don’t hesitate to contact them today. Click here for a free consultation and for the best representation.

Stay Silent

A California domestic violence conviction can bring probation, heavy fines and even a jail or prison sentence. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California criminal defense lawyer immediately after an arrest to protect a suspect’s rights during questioning. An experienced attorney from The Kavinoky Law Firm knows how to effectively do just that. The attorney will help ensure that only appropriate questions are answered and that the answers given are in the best interests of the accused.

When arrested on any criminal charge, the arrested party has the “right to remain silent” so as not to incriminate oneself. This is commonly referred to an individual’s “Miranda rights”. Miranda rights are supposed to be read to anyone that the police question during a custodial interrogation. A custodial interrogation means that the individual being questioned doesn’t feel free to walk away or leave during the questioning. Miranda rights basically inform the suspect that he or she has the right to remain silent and that any words spoken may be used against him or her as evidence of guilt at trial.

Exercising one’s right to remain silent or to obtain legal counsel, cannot be held against the accused court. When an officer begins questioning the suspect, it is crucial that the suspect politely informs the police that he or she will not make any statements until his or her criminal defense lawyer is present. Because California takes intimate partner abuse so seriously, having an experienced criminal lawyer protecting the accused’s rights during questioning can make all the difference in the outcome of the trial. A well-trained attorney knows how to intervene during questioning to make sure that his or her client does not answer any questions that will only elicit incriminating responses and also knows how to make sure that the client’s side of the story is told.

Although Miranda rights advise a suspect that any statements that he or she makes from that point on may be used against him or her, the fact is that any previous statements made by the suspect may also be used against the individual in court. One of the most important things that a suspect can do is to remain silent from the moment the police arrive. Assume that everything is either being audiotaped or recorded on video even if there is not a visible recorder. Many times police have undetectable microphones and/or video recorders and everything that a suspect says or does is recorded. Remain silent at all times, even if there is no one else around, until an attorney is present.

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 – cohabitating couples, former spouses or fiancés/fiancées, people who are or were dating, people who have children together, and same-sex partnerships. It is the very nature of these relationships that give rise to highly charged, emotional disputes that can, unfortunately, sometimes spiral out of control. It is imperative that when this happens, the accused hires a competent attorney who can immediately begin defending him or her during an interrogation. A qualified, experienced attorney from The Kavinoky Law Firm will guide the defendant through all phases of the criminal court process and will ultimately make sure that the judge and/or jury not only hear the accused’s side of the story, but believe it as well. Click here for a free consultation.

The Effects of Domestic Violence on Children

According to California domestic violence law, domestic violence is defined as any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

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.