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.

California is very strict with its child abuse offenders and holds people who place their children in dangerous situations accountable in the same manner as it does people who directly abuse their children. Child endangerment may be charged as a California domestic violence crime under one of two theories. In the first instance, a child endangerment charge may be filed when a child is a witness to domestic abuse between his or her parents. It is defined as the abuse that a child suffers while witnessing such an event. In the second instance, a child endangerment charge may be filed when one’s child is placed in a situation where he or she is likely to suffer a serious injury or death, regardless of whether the child actually suffers such an injury, when one permits or causes his or her child to be injured, or when once causes or permits his or her child to be in a situation where the child’s body or health may be endangered. This second area of prosecution has no bearing on whether domestic abuse was occurring in the home, but rather will be treated as a crime of domestic violence simply because the perpetrator was a parent of the child.

Child endangerment manifests itself in a number of ways and may be caused by physical abuse, emotional abuse or neglect. In effect, it is basically any reckless or negligent behavior on the part of a parent that places his or her child’s well-being in jeopardy. Child endangerment is an escalating problem, and the legislature is quick to respond as they continue to update laws, not only to punish offenders with stricter penalties, but to crack down on parents by defining more ways to hold them criminally responsible for their negligent and/or reckless behavior.

Some of the most commonly prosecuted D.V. child endangerment charges include parents driving under the influence of drugs and/or alcohol with their children in the car, parents getting drunk or high while their children are home with no additional supervision, parents entrusting their children to unfit caregivers, parents exposing their children to “meth labs” or other places that engage in illegal or “adult only” activities, parents leaving their children who are too young to care for themselves home with no adult supervision, and parents who expose their children to pornography, sexual activity, and unsecured firearms.

An individual facing child endangerment charges will almost always face the following penalties and, depending on whether an additional intimate partner abuse crime is filed, may face even more. If convicted of child endangerment as a misdemeanor, the defendant faces up to one year in jail, and if convicted of the charge as a felony, the defendant faces two, four or six years in the state prison. In addition to jail or prison time, if a convicted offender is placed on probation, he or she will be on probation for at least four years, will have a criminal protective order issued against him or her to protect his or her child from further abuse, will be required to successfully complete at least one year in a child abuser’s treatment counseling program and, if drugs or alcohol were involved in the alleged offense, the defendant will also be required to abstain from using alcohol or drugs while on probation, will be subject to random testing and may additionally be required to complete a drug and/or alcohol dependency program.

Defense Attorneys for Child Abuse Law

The experienced criminal defense lawyers at the Kavinoky Law Firm specialize in California domestic violence crimes and in successfully defending those individuals charged with child-related offenses. They pride themselves on keeping current in this special area of the law and on the many evidentiary issues and defenses that coincide with DV offenses. To speak to an attorney about a child endangerment charge, click here for a free consultation.

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.

Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing, and as a result, can effectively fight to keep their clients out of jail or prison.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In an infliction of injury case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on an infliction of injury charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, keeping them ahead of the competition. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.

Prior Convictions and Infliction Of Injury

Willful infliction of injury, sometimes called spousal abuse, is a California domestic violence crime involving intimate partners. These partners may be married, divorced, separated, living together currently or in the past, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. An individual who willfully inflicts an injury, regardless of the severity, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

However, if the defendant facing an infliction of injury charge also has prior domestic abuse convictions, his or her sentence may rise to five years in prison and a $10,000 fine. This is because California has a seven-year “washout” or “look-back” period for domestic violence convictions. This means that before a court will sentence a defendant who has been convicted of this crime, it will look back at the last seven years of the defendant’s criminal history for specific prior convictions. It should be noted that convictions outside of the seven-year period may also factor into a judge’s sentencing decision, but they do not automatically enhance the sentence as they do when the conviction lies within the seven-year period.

The crimes that apply to this seven-year period include battery (whether or not the victim actually sustained serious bodily injury), “spousal” battery which is actually a misnomer, as it applies to intimate partners as defined above and also includes partners who are or were dating, sexual battery, assault with chemicals or flammable substances, assault with a stun gun or taser, and assault with a deadly weapon.

Any person who is convicted of infliction of injury within seven years of one of the above listed crimes (with the exception of spousal battery) will face an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first time offender. A prior conviction of spousal battery carries the additional fine enhancement but no additional prison time. The bottom line is that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine. Additionally, a defendant who has one prior conviction within the seven-year period must serve at least 15 days in the county jail, and two or more prior convictions within the timeframe will result in a minimum of 60 days in the county jail.

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.

Clearly, an accused facing an infliction of injury charge who has prior assault and/or battery convictions is in severe jeopardy of losing his or her job, family and freedom. However, there are many effective defense strategies in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer knows that there are at least two sides to every story, and will ensure that the defendant’s version of events is considered by the judge and jury.

California domestic abuse laws are extremely complex, so it’s critical to have an attorney who is experienced in this technical area of the law. The attorneys at The Kavinoky Law Firm are highly trained and well versed in California domestic violence law and have successfully defended countless individuals from the devastating consequences that these laws impose. Click here for a free consultation.

Alternative Sentencing with a Sexual Battery Conviction

Sexual battery is a California domestic violence offense that can result in jail or prison time if the defendant is convicted. Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at the Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing and, as a result, can effectively fight to keep their clients out of jail or prison.

Sexual battery can be charged against any intimate partner – heterosexual or homosexual, married, divorced, living together, have children in common, or dating or formerly dating. If a person touches an intimate part of his or her intimate partner 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 include even slight physical contact, whether it occurs directly, through the clothing of the accused, or through the clothing of the defendant. This offense can be charged even against a partner involved in an ongoing relationship. Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six-month in jail 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.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In a sexual battery case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at the Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on a sexual battery charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at the Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, and can provide a free consultation. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney.

Sexual Battery Penalties

Sexual battery is a charge that can be brought in California domestic violence cases involving intimate partners. Under California law, every type of relationship can be considered an intimate partnership, including couples who are heterosexual and homosexual and who are married, divorced, living together, have children in common, 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 can face a misdemeanor sexual battery charge. Even a partner involved in an ongoing relationship can face a sexual battery charge. “Touching” can include any physical contact – no matter how minor – even if it occurs through the clothing of either individual.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum penalty of six months in jail 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.

Although the penalties just described list the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors (facts that surround the charged incident that make the incident seem even worse) and/or a prior sexual battery conviction will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a criminal protective order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.

One of the most devastating penalties that one convicted of sexual battery faces is registration as a sex offender. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison. A defendant convicted of sexual battery will also be required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice.

A conviction for sexual battery may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional 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. This means that a conviction could potentially end an individual’s career.

Finally, an individual may not only be charged criminally for sexual battery, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested on a sexual battery charge hires a qualified attorney who is familiar with all of the defenses that apply to this crime. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner violence charges.

Mandatory probation terms in a California domestic violence stalking conviction

Stalking, when prosecuted under California’s domestic violence laws, takes place when an individual maliciously and willfully harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear. Intimate partners, regardless of whether they are heterosexual or homosexual, are married, divorced, have children together, are living together or are dating or formerly dating. In California, when a person commits a crime against his or her intimate partner, it will necessarily be treated as a domestic abuse crime, which means that if the defendant is convicted and granted probation, there are certain mandatory requirements that will be imposed.

Mandatory probation requirements must be fulfilled within the time that the defendant is on probation, which is at least three years. If the D.V. stalking charge was filed as a misdemeanor, the probation will be informal and will be formal if the charge was filed as a felony. Under either scenario, the defendant must not violate any additional laws or he or she will be subject to a probation violation, which will likely mean more severe penalties in the stalking case, even if he or she isn’t convicted of the new charge.

Once placed on probation for stalking an intimate partner, the defendant must go through the booking process if he or she hasn’t already done so. Booking involves being entered into a criminal database, photographed and fingerprinted. The defendant will also immediately be named as the restrained party in a criminal protective order, issued to prevent further stalking or other abusive behavior towards his or her intimate partner. Depending on the facts presented during the case, a judge may impose a residence exclusion, preventing the defendant from entering the intimate partner’s home, even if they live together, and will likely impose stay-away conditions.

Mandatory terms of probation in an intimate partner abuse case also require that the defendant pay a minimum of $200 to a domestic violence fund, which will be distributed to various agencies designated by the court.

Batterer’s classes will also be imposed on the defendant as a condition of probation. The defendant will be required to attend a two-hour class weekly for at least a year in the hope that he or she will learn to stop his or her abusive behavior. Drug and/or alcohol treatment may also be required, depending on whether the court heard evidence that the defendant has a substance abuse problem. The defendant will also be required to perform a certain number of hours of community service. In addition to the batterer’s classes, a defendant specifically convicted of DV stalking will also be required to go through a different type of counseling to try to help the offender curb his or her behavior.

In lieu of the maximum $1,000 fine that may be imposed as a penalty upon a misdemeanor conviction for stalking an intimate partner, and in addition to the minimum $200 payment required of all persons placed on probation for any intimate partner violence crime, a court may require the defendant to pay as much as $5,000 to a battered women’s shelter and/or to reimburse his or her intimate partner for any reasonable expenses that were incurred as a result of the defendant’s conduct with respect to the stalking charge.

Mandatory terms of probation may be slightly modified if it is within the interests of justice to do so. Before modifying, terminating or revoking probation, a judge will consider the defendant’s financial situation and his or her willingness and diligence in performing the required terms. A good criminal defense lawyer will help ensure that probation terms are only modified when that is in the best interests of his or her client. The experienced attorneys at the Kavinoky Law Firm treat each client with compassion and respect and do their best to help their clients though a difficult time. They help guide their clients through the probationary process with ease and as conveniently as possible. Click here for a free consultation.

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.