There are two common situations where the custody of one’s child will come into play with respect to domestic violence in California. The first is if one is convicted of domestic violence (either against his or her intimate partner or against his or her child) and the second is if a child’s parents are divorcing or separating and one parent has an alleged history of intimate partner abuse. Under either scenario, it is imperative that an individual who would like custody of his or her child(ren) hires a qualified criminal defense lawyer and a family lawyer who will help favorably resolve child custody issues.

In California, domestic violence laws apply to all crimes that are committed against a spouse, former spouse, a child, the person with whom one lives or lived, the person with whom one has children, or a significant other or former significant other. When convicted of this type of crime, significant jail and/or prison time may await. If an individual who has a child is sentenced to imprisonment, the custody of that child will become a major issue.

When a court rules on child custody issues, it asks only one question – what is in the best interests of the child? Preference is usually given to both parents, unless one or both of the parents have demonstrated that they are unfit to parent. When a parent has been convicted of D.V. and is sent to jail or prison, his or her child will at least temporarily be taken out of that parent’s custody and, if the judge determines that it is safe, the child will be placed with the other parent or with a friend or family member if the convicted individual is a single parent. If there is no qualified friend or family member, the child will be taken into protective services. If the parent was convicted of a DV crime against his or her child, otherwise known as child abuse, he or she will definitely lose custody of his or her child until the court is convinced that the parent has been rehabilitated and will no longer pose a threat to his or her child.

Child custody will also be an issue when parents go through a separation or divorce. A recent study indicated that most contested custody mediation cases in California, regardless of demographics, involve a history of inter-parental violence or intimate partner abuse. Unfortunately, a history of domestic violence, even if there was never a conviction, can devastate a parent’s chances of getting custody of his or her child. When divorce proceedings are initiated, Family Court Services offers mediation services to try to resolve custody issues.

Defense Attorneys for Child Abuse Law

Family Court Services (FCS) will review both parents’ histories of alleged domestic abuse to protect the safety of a child. The FCS staff will perform an extensive background check to ensure the safety of any party or child in the proceedings and may include criminal background checks, checks for restraining orders issued against either parent, a review of any criminal charges and their subsequent resolutions, telephone interviews, and information from attorneys, shelters, hospital reports, Child Protective Services and/or any other sources deemed relevant to the investigation. If one’s partner can prove a history of violence in the home, the offender’s chances of getting custody could be defeated and visitation rights may not even be granted. The judge will allow visitation only if he or she believes that proper measures can be taken to ensure the safety of the child and of the partner.

If facing an intimate partner violence charge and/or a divorce, it is critical for a person who wishes to maintain custody of his or her children to contact the experienced domestic violence attorneys at the Kavinoky Law Firm to provide the best defense possible with respect to the criminal charge and to obtain referrals for exceptional family law attorneys. Click here for a free consultation.

An infliction of injury charge or case is primarily defined in the same way by both civil and criminal courts. Willful infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime (in criminal courts) or cause of action (in civil courts) that applies to intimate partners. In a criminal court, these partners may be married or divorced, living together or formerly living together, or have children in common. In a civil court, partners who are or were dating are also included. The laws of both courts apply to heterosexual couples and same-sex partnerships. With respect to both civil and criminal law, an individual is either guilty (in criminal court) or liable (in civil court) for this crime or cause of action if he or she willfully inflicts any injury, no matter how minor, upon the body of an intimate partner. This “charge” can be brought against an individual even if he or she barely touched the intimate partner.

In a criminal court, if a defendant is charged with infliction of injury, he or she faces a felony, punishable by up to four years in prison and a fine of up to $6,000. In a civil court, the person who is found liable for committing this wrong is subject to several different heavy fines but cannot be sentenced to jail or prison.

There are several differences between the procedures involved in civil and criminal courts with respect to infliction of injury. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim (who becomes known as the “plaintiff”) who sues the alleged abuser. Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50% chance” that the defendant caused the plaintiff’s injury. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil infliction of injury lawsuit, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.

In addition to monetary damages, a person found liable for infliction of injury may also have a Civil Protective Order issued against him or her. In general, a Civil Protective Order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, depending on the circumstances, the order can be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of infliction of injury. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon his or her being accused of this wrong. The criminal defense lawyers at The Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the devastating consequences that are associated with an infliction of injury conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

Witness intimidation is a California domestic violence charge involving alleged threats to an intimate partner. Any type of couple can be considered an intimate partnership – the individuals can be straight or gay and may be married, divorced, living together, have children in common, or have dated at any time.

California domestic abuse law defines witness intimidation as any attempt to prevent an intimate partner from making a police report, answering the questions of law enforcement, or testifying in a court proceeding. The offense can be charged as a misdemeanor punishable by up to one year in jail. However, if the defendant is accused of using or threatening force, if the intimidation is part of a conspiracy, or if the intimidation is for financial gain, he or she will be charged with a felony punishable by two to four years in prison. The success or failure of the offender’s attempt is irrelevant to this charge, meaning that it doesn’t matter whether the intimate partner was actually intimidated.

When a suspect is arrested for intimidating a witness as a misdemeanor, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the suspect is arrested on a felony witness intimidation charge, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant OR. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind, which is why it is so important to appear with a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release – which is very common in domestic abuse cases – and must post bail, release from jail can be obtained through one of two methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post the full amount of bail in certified funds or cash with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require collateral (usually a car, house or something else of considerable value) to secure the bond. This means that if the defendant does not repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A witness intimidation conviction carries severe penalties. The defendant’s reputation, career, family and freedom are jeopardized the minute the arrest is made, which is why it’s critical to contact a skilled California defense attorney immediately after being arrested. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Civil Penalties and Sexual Battery

Sexual battery is a California domestic violence crime that applies to any intimate partners – either heterosexual or homosexual, married, divorced, living together, parents of children, or dating or formerly dating. Anyone who touches his or her intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can be charged with misdemeanor sexual battery. Even slight touching, either directly, through the clothing of the accused, or through the clothing of the accuser can constitute sexual battery, even among partners in an ongoing relationship.

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the accuser was 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.

In civil court, an individual who is found “liable” for committing this “wrong” or “tort” can face heavy fines but cannot be sentenced to jail or prison. The penalty that can be imposed is the primary difference between a civil suit and a criminal case.

There are also differences between the procedures involved in civil and criminal courts with respect to sexual battery. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim, also known as the “plaintiff,” who sues the alleged abuser.

Another difference between criminal and civil cases is the burden of proof – it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50 percent chance” that the defendant sexually battered his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil lawsuit for sexual battery, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.

In addition to monetary damages, a person found liable for sexual battery may also have a civil protective order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, depending on the circumstances, the order can be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of sexual battery. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon a sexual battery accusation. The criminal defense lawyers at the Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the devastating consequences that are associated with a sexual battery conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

The Definition of Sexual Battery

Sexual battery is an offense that can be charged against any intimate partner in a California domestic violence case. California law defines ‘intimate partners’ quite broadly – the couple can be heterosexual or homosexual and may be married, divorced, living together, have children in common, or be currently or formerly dating. Sexual battery is considered a “wobbler” offense, which means that it can be charged as a misdemeanor or a felony depending on the facts of the case.

Anyone who touches an intimate partner against that person’s will for purposes of sexual arousal, sexual gratification or sexual abuse can be charged with misdemeanor sexual battery. Any physical contact, however minor, can be considered touching in a sexual battery case. It doesn’t matter whether the touching is accomplished directly or through the clothing of the accused or the accuser. Sexual battery may be charged even against a partner involved in an ongoing, intimate relationship.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six months in jail and a $2,000 fine. However, if the touching occurs 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.

Every crime has specific elements or 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 sexual battery, the prosecutor must prove three elements.

• The first element is that the accused touched an intimate part of his or her intimate partner. Note that this element doesn’t make any mention of injury. This is because a battery is simply any unwanted touching and has nothing to do with whether or not an injury was sustained by the offended party. The jury must only find that the defendant actually touched the accuser.
• The second element is that the touching was against the will of the person touched. As just mentioned, any unwanted touching is sufficient. This element will probably be the most difficult for the prosecution to prove because of the inherent sexual relationship that exists between intimate partners. In order for the prosecutor to prove this element, he or she must prove that the alleged victim made it clear that he or she did not want to be touched.
• The final element in this charge is that the accused touched the partner to specifically cause sexual arousal, gratification or abuse. This element’s proof will be likely based on the exact circumstances of the physical contact.

Sexual battery may be charged under a variety of circumstances. If the touching takes place while the alleged victim is unlawfully restrained by the accused or an accomplice, or if the alleged victim is institutionalized for medical treatment and is seriously disabled or medically incapacitated, then that fact (in addition to the three elements previously defined) must also be proved. In addition, it is a crime for an individual to cause a person who is in one of those situations to masturbate or touch another. If the touching takes place under those circumstances, then that fact must alternatively be proved in addition to the three previously defined elements.

In California, a sexual battery 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 criminal defense lawyer 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 intimate partner abuse cases, contact the experienced attorneys at the Kavinoky Law Firm for a free consultation.

Recanting victims and the special issues that they raise in a California domestic violence stalking case

In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic violence crime. Intimate partners are heterosexual or homosexual partners and include persons who are married, divorced, dating, formerly dating, living together and persons who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking necessarily involves a victim who was the target of the stalking. When that victim originally calls the police or files a police report against the intimate partner who has been stalking him or her and then later changes or takes back his or her original allegations, he or she becomes what is known as a “recanting victim.” A recanting victim poses special challenges for a criminal defense lawyer because that victim can ultimately be devastating to the defense, even if he or she is genuinely trying to help. This is because a prosecutor is allowed a great deal of leeway when a victim recants and will usually be permitted to introduce evidence that may otherwise have been inadmissible if the victim had simply maintained his or her original allegations.

Recanting victims are common in intimate partner abuse trials because of the intense, volatile relationship that is defined by domestic violence. Very often, a victim may falsely accuse his or her intimate partner of stalking out of anger, jealousy or revenge or to simply gain control over his or her partner. Other times, a victim may have been threatened by his or her intimate partner into recanting his or her accusation, which is a crime in and of itself, known as witness intimidation. Sometimes a victim may get back together with his or her intimate partner after criminal charges were filed and then may feel badly that he or she accused his or her intimate partner of a crime. In an effort to help his or her partner, that victim will recant his or her original allegation, thinking that if he or she either refuses to cooperate with the police or prosecuting agency, that the charges will have to be dropped. This is simply not the case, as prosecutors actually anticipate that D.V. victims will recant and know how to proceed under this type of situation.

Recanting victims in an intimate partner violence stalking trial can be a gift to the prosecutor. Along with a host of other privileges, it allows the prosecutor to tell the jury what the victim originally told the police, either through the investigating officer or by playing a recording of the original 911 call placed by that victim. A recanting victim will also usually mean that the prosecutor will hire an expert witness to testify that the victim has recanted because of the abuse that he or she might receive from his or her intimate partner if he or she didn’t recant. It further encourages the expert to testify about the “cycle of abuse” and that the individual likely suffers from “battered person’s syndrome” which is the reason why he or she has changed his or her story.

If a stalking victim personally chooses to take back or deny his or her original allegations, for any reason, on his or her own free will, it is best for both partners to consult with an attorney who is experienced in California’s domestic violence laws and on the consequences that a recanting victim invites. The skilled attorneys at the Kavinoky Law Firm will take the time to sit down with both partners in an effort to devise the best defense strategy available. They will help both parties understand how a recanting victim may actually hurt the defendant and will advise that person on how to proceed in an effort to right a wrong. Click here for a free consultation and for the best representation.

The Power Imbalance That Characterizes Relationships Affected By Domestic Violence

California defines domestic violence as the use of physical, emotional or financial abuse used to exert power or control over a family member (one’s child, parent, grandparent and/or grandchild) or an intimate partner. Intimate partners are both heterosexual and homosexual and are married, divorced, have children together, dating, formerly dated, living together or formerly living together. There are many characteristics that are commonly associated with acts of domestic violence, perhaps the most telling being the power imbalance that exists between a victim and his or her abuser.

Power is what usually drives an individual to abuse another. Although single acts of domestic violence are often committed out of anger, stress or frustration, abuse that repeats itself is usually due to one’s desire to exert power and/or control over his or her intimate partner or other family member. Regardless of the type of domestic abuse that an individual inflicts upon a partner or family member, the power imbalance between the abuser and his or her victim remains the same and, until and unless the victim either flees the relationship or learns to exert his or her own authority, that imbalance will never change.

Family relationships that teach equality generally foster safe and nurturing environments. However, domestic violence statistics reveal that in a family where the power and control are out of balance, there will be a higher risk of domestic abuse within that family. A parent, in a family situation or perhaps the “breadwinner” in an intimate partner relationship may in fact have control over his or her other family members or intimate partner, as the others may be dependant on him or her for food, shelter, basic necessities and affection, but whether or not he or she chooses to exercise that power affects the likelihood of abuse. It should be noted that when a parent or grandparent inflicts abuse on his or her own child or grandchild, a separate charge of child abuse would likely be filed.

Many wonder why an abused individual would choose to stay with an abusive partner. Researchers and psychologists believe that it is because a person who has been consistently and/or severely victimized may suffer from a recognized psychological condition known as battered person’s syndrome. Battered person’s syndrome, also known as battered women’s syndrome or BWS explains why an abused individual (either a man or a woman) would voluntarily remain with his or her intimate partner. On a similar note, domestic violence studies suggest that strong, emotional bonds form between the victim and perpetrator involved in an abusive relationship due to the imbalance of power that exists. As the abuser gains more power, the victim’s self-esteem lessens and he or she becomes even more dependent on the abuser, feeling that he or she is undeserving of another’s love. In addition, during the “honeymoon phase” of the cycle of abuse, the abused partner believes that the abuse has stopped and forgives the abuser, which actually reinforces the abusive behavior and strengthens the bonds even more.

Help is available to those who wish to seek it. Counseling is available to both victims of domestic violence and to those who need help putting an end to their abusive behavior. Professional legal advice may also be helpful for either party involved in a relationship affected by intimate partner abuse. If he or she desires to learn more about what legal rights and/or remedies exist for domestic violence, the trustworthy attorneys at The Kavinoky Law Firm can address any questions or concerns about a Domestic Violence – related matter, as they specialize in California domestic violence law. They can advise a victim of intimate partner abuse on how to seek legal remedies, which may include helping the victim to file for a protective order or may help an individual charged with a D.V. crime, as they have a reputation for being exceptional domestic violence criminal defense lawyers. Contact The Kavinoky Law Firm today for a free consultation.

Civil Penalties and Violation of a Protective Order

Individuals who violate protective orders in California domestic violence cases can face civil penalties as well as criminal court consequences. Domestic abuse cases can involve any type of intimate partners – straight and gay couples who are married, divorced, living together, have children together, or who have dated at any time. Protective orders issued by courts are designed to prohibit an offender from committing specific acts of abuse, re-entering his or her own home, or engaging in certain behaviors.

Any intimate partner who knowingly violates a protective order faces a misdemeanor charge punishable by a maximum of one year in jail 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 a civil court, an individual who is found “liable” for committing this “wrong” or “tort” is subject to several different heavy fines but cannot be sentenced to jail or prison. Other than terminology, the penalty is the primary difference between a civil suit and a criminal case.

That being said, there are several differences between the procedures involved in civil and criminal courts with respect to violating a protective order. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the protected party (otherwise known as the victim), as many incorrectly believe. In a civil case, it is the protected party (who becomes known as the “plaintiff”) who sues the alleged abuser.

Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50 percent chance” that the defendant violated the court order that was issued to protect his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil lawsuit for violating a protective order, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property, and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.

In addition to monetary damages, a person found liable for violating a protective order may also have a civil protective order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, in a case where the defendant has been found guilty of violating an order already in effect, the order would likely be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of violating a protective order. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon this type of accusation. The criminal defense lawyers at The Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the severe consequences that are associated with a conviction for violating a protective order. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.

Physical Evidence and its Role in a California Domestic Violence Criminal Threats Trial

California has a number of laws concerning crimes that, when committed against one’s intimate partner, will fall under the category of domestic violence. Intimate partners are married, divorced, living together, dating or were formerly dating and include people who have children together. Intimate partners are both heterosexual and same-sex partnerships. Making criminal threats against one’s intimate partner is an example of one crime that will result in a domestic abuse charge.

“Criminal threats” may be prosecuted as a misdemeanor or a felony depending on the circumstances that surrounded the allegation. An individual may be charged with this crime if he or she threatens to commit a crime against his or her intimate partner that will result in death or serious bodily injury to that partner. The threat can be verbal, written, electronically communicated or even made through a third person. Whether the accused actually intended to carry out the threat is irrelevant, as the only thing that matters with criminal threats is that the intimate partner reasonably feared for his or her safety or for the safety of his or her family. This offense is punishable by up to one year in the county jail or state prison.

Intimate partner abuse cases can be difficult to prove, as many are based on “he said, she said” allegations. Physical evidence of the crime is therefore critical if and when it exists. Without it, an aggressive criminal defense lawyer may be able to have the charge either reduced or dismissed due to insufficient evidence. With it, an attorney will have to know what arguments to make to have it excluded or will have to downplay its significance if it is admitted.

Physical evidence is evidence that one can see, hear or touch and helps to convict or acquit a defendant. Examples of physical evidence include injuries, DNA, documents or records and audio or visual recordings. In a domestic abuse case and, more specifically, in a case where the defendant has been accused of making criminal threats against his or her intimate partner, common types of physical evidence include letters written to the intimate partner (either on paper or sent through an e-mail or text message), messages that are recorded on the partner’s voicemail or answering machine, injury to the accuser and damage to personal property.

In a domestic violence trial, physical evidence can be a gift to the prosecutor. In a D.V. case, many jurors are looking to convict the defendant for the alleged abuse and this type of evidence makes it that much easier to do. When this type of evidence exists, it is up to a skilled defense attorney to try to either exclude it if it is damaging or to ensure that it gets admitted if it is favorable and clears his or her client of the charge.

In an effort to cover all the bases, the attorneys at The Kavinoky Law Firm work with private investigators and expert witnesses to carefully examine physical evidence. Private investigators take photos of the crime scene, including injuries that were sustained by the intimate partner, damage that was done to the home or to personal property, and of anything else that they feel is appropriate. They interview everyone who was involved in or witnessed the charged incident. Expert witnesses analyze physical evidence to determine if it is authentic. They examine handwriting on a letter, the voice on a recording and injuries to make sure that they are genuine and weren’t fabricated in an effort to falsely charge the defendant. The attorney then gathers the information he or she received from the defense team and devises the most effective defense strategy possible.

The experienced attorneys from The Kavinoky Law Firm know how to exclude or refute physical evidence, as they receive ongoing training in intimate partner violence law and on the evidentiary issues that frequently arise in domestic abuse trials. They understand the critical role that physical evidence can play in a criminal threats case and know ways to respond to it so that it favors their client. A knowledgeable defense lawyer can explain the role of physical evidence in a California domestic abuse case during a free consultation.

Private Investigators

California’s domestic violence laws include a variety of offenses and a variety of punishments. 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.

Because of the very nature of these intimate relationships, disputes between intimate partners are often highly charged and emotional. Many times, a simple argument can end up taking a turn for the worse. Sometimes there are witnesses involved in a domestic abuse charge, but many times there are not. A private investigator gathers information to help turn a potential “he said, she said” into a defendable case supported by evidence. The investigator works directly with the defendant’s attorney to help build the strongest defense case possible.

Many private investigators are retired law enforcement officers and therefore have an intricate understanding about how the criminal justice system operates. They not only have personal connections to other law enforcement officials, but they also have first-hand knowledge about police procedures. This means that an investigator knows how police are trained to think and gather information during an intimate partner abuse investigation. This “inside information” can be particularly helpful to the defense, especially since the investigator works closely with the criminal defense lawyer and knows what evidence can destroy the prosecution’s case.

Because of their training and backgrounds, private investigators know how to gather helpful information and are able to collect evidence that an attorney may be unable to locate. He or she 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. He or she will often gather the relevant medical records of both parties. Additionally, a private investigator will examine the criminal history of both the accused and his or her accuser.

It is the investigator’s job to locate and gather all of the information available regarding the parties involved and the incidents that led to the defendant’s arrest. It is his or her job to then turn over that information to the defense attorney. The defendant’s lawyer then analyzes the evidence and responds appropriately. Depending on the evidence that he or she receives, sometimes the attorney may be able to convince the prosecutor to either reduce or dismiss the charges against the accused, based on facts that the investigator uncovered with respect to the prosecution’s witnesses. The experienced attorneys at The Kavinoky Law Firm take the information that they receive from their investigator to help them devise the best possible defense. They then use that information to make sure that the defendant’s side of the story is not only heard by the judge and/or jury but believed as well.

A good criminal defense attorney needs to know all the information possible about the event that led to his or her client’s arrest (even when it’s potentially damaging) in order to devise the best defense. An experienced attorney will have established relationships with several private investigators and will hire one who is especially experienced with intimate partner violence cases in order to obtain all of that information. Even the best attorney can’t successfully defend a case without being aware of all the facts.

Because the consequences of a domestic violence conviction can be so severe, it is vital to hire a skilled California defense lawyer. A well-qualified and knowledgeable attorney from The Kavinoky Law Firm will work directly with a private investigator to gather as much information as possible to effectively develop the strongest defense strategy. They have successfully defended countless domestic abuse cases with skill and compassion. Do not hesitate to contact them. Click here for a free consultation and for the best representation.