Alternative Sentencing with a Conviction for Violating a Protective Order

California courts often issue protective orders in domestic violence cases that bar individuals from engaging in specific acts of abuse, re-entering their own homes, or even behaving in a certain way. Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and alleged victim are intimate partners. Intimate partners are married, divorced, cohabiting, have children in common, dating or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum penalty of a one year jail sentence and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days, possibly up to one year, 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 likely serve additional mandatory jail time.

Even though an individual faces up to one year in jail 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.

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 case where the defendant has been convicted of violating a protective order, there are several options that may be imposed as an alternative to jail. 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 domestic abuse 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 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 can answer any questions about sentencing alternatives in California domestic violence cases during a free consultation.

Domestic violence courts

As California is becoming stricter with its intimate partner abuse offenders, courts throughout the state, including those in Los Angeles County, have responded by developing special courts and procedures for both civil and criminal domestic violence cases. The major feature that domestic violence courts share is that they seek to enhance victim and child safety and ensure batterer accountability.

In short, this means that they are ready and willing to listen to everything that the complaining witness has to say and to “throw the book” at the accused. This is why it is critical to hire an experienced criminal defense lawyer who can keep the case in a traditional criminal court if possible or, if not, who is at least familiar with these courts and knows how to deal with the bias inherent within this system.

Domestic violence courts hear cases where the parties are intimate partners. Intimate partners include persons who are married, divorced, living together, have children in common, and who are or were dating. These cases apply to heterosexual and same-sex couples.

Battery against an intimate partner (more commonly called spousal abuse), sexual battery, intimidating an intimate partner, and willful infliction of injury on an intimate partner are the types of charges that may land a defendant in a California domestic violence court.

Domestic violence courts assign judges to hear special domestic abuse cases. These courts are much more in tune with how to gather all relevant information on the family before them so that the judge has a complete understanding of all the issues with which the family is dealing. Staff members help educate victims on child support and safety issues. The staff may offer counseling, housing assistance, drug treatment, referrals to social services as well as other resources depending on the needs of the family. These courts often provide victims with referrals for job training, child-care, mental health counseling, emergency medical services, temporary shelter, and the assignment of an advocate. They are victim-friendly and ruthless to the offender.

These courts monitor the progress of all family members much more closely and intervene more frequently than a traditional court would. They focus on holding the offender accountable. This means that the court conducts frequent periodic reviews, imposes heavy sanctions for noncompliance with its orders, and coordinates probation and batterer intervention programs, receiving any information that sheds a negative light on the defendant. In addition, the domestic violence court judges are well trained and have an increased level of awareness on the impact and harm to children exposed to domestic violence and decide child custody issues as well.

If a defendant’s case is sent to a California domestic violence court, all hope is not lost. An experienced criminal defense lawyer who is familiar with these courts is the key to a successful defense. Hiring a skilled, knowledgeable attorney from The Kavinoky Law Firm will help ensure that a case isn’t simply “processed” through the system with the usual bias that the court holds against a defendant. An aggressive defense attorney knows how to navigate the system with ease, argue all possible defenses and make sure that the judge and jury not only hear the defendant’s side of the story, but believe it as well.

Domestic violence convictions carry severe penalties, ranging from heavy fines to losing one’s freedom in jail or prison, to having one’s children removed from his or her home. To best avoid these consequences, contact an attorney from The Kavinoky Law Firm today for a free consultation and to secure the best defense available.

Physical Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that applies to intimate partners. California considers any individuals who are married, divorced, cohabiting, have children together, or who are currently or were formerly dating to be intimate partners. These laws apply to both straight and gay couples. Protective orders are issued by the court and prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way.

Anyone who intentionally violates a protective order in a California domestic abuse case can face a misdemeanor charge punishable by a maximum penalty of a one year jail sentence and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time.

When a defendant violates a court order, the violation could be verbal (harassment or threats), written (in the form of a letter or e-mail) or physical (stalking or physical abuse). As a result, many cases involving this crime are based on “he said, she said” allegations unless there is some physical evidence of the violation.

Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like a letter) that helps prove or disprove a theory. Common types of physical evidence in a violation of a court order case include letters written to the protected party, injuries to the protected party and damage to personal property.

When such evidence exists, and can be verified by someone with experience in evidence analysis, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, an experienced defense attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into a violation of a protective order trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Violating a protective order is a serious charge, with severe and possibly even life-altering consequences. If facing this charge, it is critical to hire an attorney who is experienced in this special area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect.

 

Battered person’s syndrome, more commonly called “battered woman’s syndrome,” “battered women’s syndrome,” or “BWS,” is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship. Battered person’s syndrome in a domestic violence case is frequently used either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. This syndrome can carry a lot of weight before a jury and it is therefore imperative to hire a skilled defense lawyer from The Kavinoky Law Firm who is familiar with California domestic abuse cases should this syndrome and its effects be introduced into evidence.

There are four general characteristics of this syndrome which all focus on the abused believing that the violence is his or her fault and fearing for his or her safety and the safety of his or her children. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime, battered person’s syndrome may be introduced as a defense to the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when its “star” witness – the “victim” – decides not to testify or cooperate. The prosecutor argues, usually through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The bottom line is that battered person’s syndrome is a condition that the courts take very seriously. In today’s society with social awareness about intimate partner abuse constantly on the rise and the judicial response of increasing penalties for offenders, it is critical to hire an exceptional lawyer. The attorneys at The Kavinoky Law Firm have the training and experience to handle any domestic violence case. They have successfully defended countless cases with skill, discretion and compassion. Click here for a consultation and to secure the best representation available.

California’s domestic violence crimes fall under three categories: Misdemeanors, felonies and what are known as “wobblers.” Misdemeanors are crimes that are punishable by fines and/or up to one year in a county jail. Felonies are crimes that are punishable by fines and/or incarceration in a state prison. Wobblers are crimes that, depending on the circumstances that surrounded the alleged incident, may be prosecuted as either a misdemeanor or as a felony. The expungement of a domestic abuse conviction is possible but will depend on how the crime was charged.

Expungement refers to the cleansing of one’s criminal record. It is a process by which one’s court file is sealed and it allows an individual to honestly claim, under most circumstances, that he or she has never been convicted of a crime. Expungement is most helpful to individuals who are seeking employment, housing, higher education and simply peace of mind.

Persons convicted of Domestic Violence offenses, whether they were sentenced as misdemeanors or as felonies without prison time, are entitled to an expungement. If probation was granted in a misdemeanor conviction or in a felony conviction where a prison sentence was not imposed, the individual may be entitled to withdraw his or her plea of “Guilty” or “No Contest” and enter a plea of “Not Guilty” or may have a “Guilty” verdict set aside if he or she was convicted following a trial. Either way, the court must dismiss the charge if the defendant’s probation was terminated early or if he or she fulfilled all of the probation terms, and is not serving a sentence for any other offense, on probation for any other offense or charged with any other offense. If, however, while on probation, the offender incurred a probation violation, the court may decide whether or not to dismiss the charge. For strategic reasons, a skilled criminal defense lawyer will first ask the court to reduce a felony conviction that is a “wobbler” to a misdemeanor before asking the court to dismiss the charge.

It should be noted that even if a conviction is expunged, there are certain times that it will still be relevant and/or must be disclosed. For example, an individual must still report his or her conviction if he or she is applying for public office, for licensure by any state or local agency or for contracting with the California State Lottery. In addition, expungement does not lift the requirement that a registered sex offender must remain registered for life or lift any firearm restrictions that were imposed upon conviction. Finally, if a person subsequently suffers another DV conviction, the prior conviction will still be used to increase the sentence in the pending case if the defendant is ultimately convicted.

An individual with a felony intimate partner violence conviction that resulted in a state prison sentence will seek relief through a Certificate of Rehabilitation and Pardon. This certificate is applicable to an individual who has lived in California for at least three years and who leads an honest life, free from any additional criminal convictions for a specified period of time, depending on the intimate partner abuse crime that he or she committed. If granted, the certificate is forwarded by the court to the Governor and acts as an application for a pardon. A Governor’s Pardon will only be issued when an individual demonstrates that he or she is reformed and has become a useful, productive member of society.

Only a qualified criminal attorney should petition for expungement or for a Certificate of Rehabilitation and Pardon. The experienced attorneys at The Kavinoky Law Firm specialize in California domestic violence law and know all of the evidentiary issues, both pre-trial and post-conviction, that are applicable to this technical area of the law. For unparalleled assistance in cleansing one’s domestic abuse conviction, contact The Kavinoky Law Firm today for a free consultation.

Infliction of Injury

Willful infliction of injury, also known as “spousal abuse,” is a California domestic violence offense that can be applied to any type of intimate partners. This can include couples who are married or divorced, living together or formerly living together, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

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

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

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

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

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

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

Domestic Violence Protective Orders

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

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

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

An emergency protective order is issued by the court when, based on a law enforcement officer’s assertions, it finds that reasonable grounds exist to believe that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence. An emergency protective order is valid between five and seven days.

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

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

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

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

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

Prior Convictions and Sexual Battery

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

Sexual battery is a California domestic abuse law known as a “wobbler” because it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor.

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

When charged as a misdemeanor (with no aggravating circumstances), sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail term may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

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

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

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

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

Cyber stalking as an increasing form of domestic violence stalking

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

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

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

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

Trial considerations that may affect a California domestic violence stalking case

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

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

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

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

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

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

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