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.

Physical evidence and its role in a stalking case charged under California’s domestic violence laws

Domestic violence in California applies to all crimes that are perpetrated against one’s intimate partner. An intimate partner can be one’s spouse, former spouse, significant other, former significant other, the person with whom he or she has children or the person with which he or she lives. These laws apply to people involved in both heterosexual and homosexual relationships. When an individual maliciously harasses or follows and threatens his or her intimate partner, he or she will therefore likely be charged with stalking as a domestic abuse crime.

Since D.V. stalking doesn’t require that there be physical evidence of the crime, it can be very helpful to either the defense or the prosecution if and when it exists. Without physical evidence, a criminal defense lawyer may be able to convince a prosecutor or judge to either reduce the charge or have it dismissed altogether due to insufficient evidence. With it, a good defense attorney will know how to downplay its significance if it is damaging to his or her client or will argue against its admission.

Physical evidence in a stalking case may include evidence that the police obtain during a search of the suspect’s home or property, such as video surveillance of the intimate partner or photos taken of the intimate partner on the defendant’s camera. Physical evidence may also be given to the police by the intimate partner. Examples include audio recordings of messages that the defendant left on the intimate partner’s voice mail or telephone answering machine or copies of emails, text messages or letters that the suspect sent to the accuser. Physical evidence may also be found in acts of vandalism that were done in an effort to threaten or frighten the intimate partner or in the suspect’s DNA that may be left on a licked envelope or on another device that the defendant used to stalk his or her intimate partner.

Because stalking has received so much publicity (due in large part to celebrity stalking), people are eager to find defendants guilty of this crime. The same can be said about domestic violence crimes in this state, as they, too, receive quite a bit of media attention. As a result, the defendant already has two strikes against him when being tried for an intimate partner violence stalking case and, if physical evidence exists that additionally supports the prosecutor’s theory of guilt, the jury will find it that much easier to convict the accused. This is another reason why it is imperative for the defendant to hire a skilled defense attorney who is familiar with and understands all of the ways that physical evidence can be used in a D.V. stalking case and who will aggressively fight to admit it or exclude it depending on what is in the best interests of his or her client.

Physical evidence in a stalking case could be fabricated in an effort to falsely accuse an intimate partner. This is one reason why the experienced attorneys at the Kavinoky Law Firm work with private investigators and expert witnesses who examine physical evidence to validate its authenticity. Private investigators take photos of the crime scene, interview witnesses, do background checks on those witnesses to determine their credibility and collect evidence that an attorney may not be able to obtain. Expert witnesses listen to the voice on an answering machine, examine the handwriting on a letter and watch any video recordings to make sure that they are genuine. After collecting this type of information, the investigator, expert and lawyer discuss their findings and the attorney then creates the most effective defense strategy possible.

Physical evidence can play a critical role in a domestic abuse stalking trial. The outstanding attorneys at the Kavinoky Law Firm know this and understand the ways to respond to it so that it favors their clients. Their training in these types of cases is directly responsible for their impeccable record. Click here for a free consultation.

Prevention: How to Stop the Cycle of Domestic Violence

California domestic violence laws define domestic violence as physical, emotional or financial abuse that is directed at a family member (one’s child, grandchild, parent or grandparent) or at an intimate partner. Intimate partners, regardless of their sexual orientation, are significant others, former significant others, married, divorced, living together or formerly lived together, and those who have children together. When this type of abuse is targeted at one of the above listed people, the result is that the perpetrator will face specific Domestic Violence consequences in addition to the consequences that he or she faces for whatever crime he or she committed, because of the fact that the crime will be prosecuted as one of domestic abuse.

Domestic violence and, more specifically intimate partner abuse, is a real problem in this country and knows no ethnic, social or economic boundaries. It affects partners, families and children, friends and communities and has devastating, lasting effects on the abused. The goal of prevention is to stop Domestic Violence, and effective prevention should raise awareness about this growing problem, should stop abusive behavior and should empower victims of domestic violence to leave their abusive relationships. Although this country has made significant improvements in the ways that it responds to this issue, much more needs to be done to ultimately prevent the cycle of domestic violence.

Education is the key to the prevention of intimate partner violence. Counselors and medical professionals must receive training on recognizing the signs of abuse and how to approach an individual that they suspect is being abused. Victims must receive information on their rights and about resources that are available to assist them. The public must be made aware that domestic violence, in any form, is a crime and that offenders will receive severe punishment.

Prevention, in order to be successful, must address three issues. The first focuses on stopping the problem before it starts, which primarily is achieved through educating young persons about the problem. The second issue addresses services for “at-risk” individuals and provides resources to help these people identify known or suspected risk factors. This issue targets individuals, for example, who were either abused as children and therefore may be prone to domestic violence as adults, people with substance abuse issues, or anyone who may have exhibited violent behavior. The third issue is controlling behavior that already exists. This, for example, is punishment that a court imposes on a person convicted of a Domestic Violence-related crime as a result of the abuse that he or she already caused to his or her intimate partner or other family member.

Preventing domestic violence is the key to restoring and maintaining equality within a relationship that is affected by an imbalance of power. If successful, a couple or family will live in an environment that values respect, support, trust, honesty and accountability, responsible parenting, and economic equality, and that rejects violent, threatening and intimidating behavior.

If an individual thinks that he or she may be the victim of domestic or intimate partner abuse or thinks that he or she may need help for his or her own potential abusive behavior, there are signs and symptoms of domestic violence that are commonly recognized as requiring professional attention. Counseling and a host of other resources, easily accessible online, exist for both the victims of abuse and for the partners or family members who abuse those victims. Help is available for those who wish to seek it. The California domestic violence attorneys at The Kavinoky Law Firm can educate a DV victim about his or her rights and about where to get help, and will also fight for an individual accused of domestic violence. To discuss a domestic or intimate partner violence issue, contact The Kavinoky Law Firm today for a free consultation.

Battered Person’s Syndrome and its Role in a California Domestic Violence Trial for Criminal Threats

“Criminal threats” falls under California’s domestic violence laws when the individual who was threatened was the intimate partner of the accused. Intimate partners include persons who are married, divorced, cohabiting, dating, formerly dated and who have children together. When an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner, he or she could be found guilty of this domestic abuse crime. It doesn’t matter how the threat was delivered or whether the accused actually intended to carry out the threat. The only relevant fact is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Battered person’s syndrome is a recognized psychological condition that is becoming more prevalent in California’s D.V. cases. While it is more commonly called battered woman’s syndrome, battered women’s syndrome or B.W.S., it applies to both men and women who are consistently and/or severely victimized by their partners. The syndrome can be used to defend the actions of the accused or as evidence against a defendant. Because of its increasing frequency in intimate partner violence trials, it is critical for the accused to hire a criminal defense lawyer from The Kavinoky Law Firm who has experience dealing with battered person’s syndrome and who can skillfully use it to his or her client’s advantage or discredit it entirely.

Battered person’s syndrome may be used to defend the accused in a criminal threats trial based on evidence that the accused has also been victimized by his or her partner and honestly felt that the threat was necessary in order to avoid his or her own death or a serious injury. When used in this manner, the defendant is saying that he or she made the threat in self-defense, which can act as a defense to the crime. In order for this defense to work, it is imperative that the defendant has an attorney who understands the intricacies behind this syndrome and who will retain an expert witness to explain its significance to the judge and jury.

Battered person’s syndrome is more frequently used as evidence against a defendant, introduced by the prosecutor. This generally happens when the accuser recants his or her allegations. The prosecutor brings in an expert witness to testify that the accuser has been so severely abused by his or her partner that he or she is either changing his or her story or is refusing to cooperate out of fear for what might otherwise happen. A good defense attorney will anticipate this strategy and prepare for it by hiring a defense expert witness who will rebut this theory and address the many legitimate reasons why an accuser might recant.

The attorneys at The Kavinoky Law Firm receive ongoing training and education with respect to intimate partner abuse and the many evidentiary issues that commonly arise within these types of trials. They are well-qualified to successfully introduce battered person’s syndrome as a defense or to refute it should it be used against their client. When an individual is charged with making criminal threats against his or her intimate partner, the consequences are too severe to trust an inexperienced attorney. One of the knowledgeable lawyers at The Kavinoky Law Firm can outline a proven defense strategy during a free consultation.

DNA Evidence and its Role in a California Domestic Violence Criminal Threats Case

Domestic violence laws include a variety of crimes that are committed against one’s intimate partner. Intimate partners include heterosexual and same-sex partnerships where the individuals are married, divorced, living together, dating, formerly dated or have children together. In California, if an individual makes a criminal threat against his or her intimate partner, he or she will be charged with criminal threats as a domestic abuse violation and will be prosecuted accordingly.

“Criminal threats” is charged when an individual threatens, either verbally or in writing, to commit a crime against his or her intimate partner that will result in serious bodily injury or death to that partner. It does not matter if the accused actually intended to carry out the threat, only that he or she made it and that it was clear enough that the partner reasonably feared for his or her own safety or for the safety of his or her family. Depending on the circumstances of the charged incident, a defendant convicted of this crime faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

DNA evidence plays a vital role in convicting suspects and in clearing the falsely accused. A person’s DNA (deoxyribonucleic acid) remains constant throughout his or her life and is specific to that individual, which means that no two people, with the exception of identical twins, have the same DNA. The importance of that, and the reason that this type of evidence is being so widely used throughout this country, is if someone’s DNA can be collected from a crime scene or from physical evidence related to the allegation, it can either link the accused to the crime or exclude him or her from being involved in the crime.

DNA is found in virtually every cell in the body and is commonly retrieved from one’s blood, saliva, bone, skin tissue or hair. In a D.V. criminal threats case, DNA would likely be found in the saliva on a licked envelope that contained the threatening letter or on the accuser’s body or clothes if there was physical contact between the defendant and his or her intimate partner at the time of the alleged offense. If the defendant’s DNA was retrieved from these or from any other location that was involved in the charged incident, it may be easier to convict that individual for the crime. However, if someone else’s DNA was found on that envelope or on the partner’s body or clothes, it may be easier to clear the accused of that crime.

Because DNA evidence is becoming so prevalent in intimate partner abuse cases, it is critical that an accused hires an attorney who understands the science behind this type of evidence and who is familiar with the ways that it can be used during a trial. The experienced attorneys at The Kavinoky Law Firm receive ongoing training in domestic violence law and on the evidentiary issues, such as DNA evidence, that frequently arise during these types of cases. They have successfully defended countless individuals facing criminal threats charges by preparing the most comprehensive defense strategies possible.

Meeting with a Lawyer

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

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

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

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

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

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

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

What to do when the abuser is also abused

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

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

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

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

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

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