California’s domestic violence laws apply to all crimes that are committed against one’s child, one’s parent or one’s intimate partner. Intimate partners are people who are or were involved romantically and include spouses, former spouses, significant others, former significant others, people who live together or who used to live together and people who have children together. Although many different crimes can be charged as crimes of domestic violence, domestic violence will usually involve some type of emotional abuse.

Emotional abuse, also commonly referred to as psychological or verbal abuse, is a type of domestic abuse that, studies suggest, is even more harmful than physical abuse. It is thought to be widely underreported, because it is difficult to identify and/or prove, and because it is usually intertwined with other types of abuse.

Emotional abuse is perhaps so damaging because it can ultimately make a victim completely lose his or her self-esteem and believe that he or she is stupid, worthless and deserves the abuse. It takes place when an individual intimidates, threatens and/or harasses his or her intimate partner or other family member in an effort to gain control over that person. Some common forms of psychological abuse include shaming, mocking or criticizing another person, isolating that person from other people, destroying another’s personal property or pets in an effort to invoke fear in that person, blaming another for one’s own violent actions and issuing “blackmail-type threats” where an individual threatens to harm or kill him or herself, the intimate partner or their child/children. When a victim reacts to this type of verbal abuse, often with tears or apologies, the perpetrator will often further mock or ridicule the partner or other family member, which sends more messages to the victim that he or she is, in fact, useless.

As difficult as it may be to understand, many victims of emotional intimate partner abuse do not leave their partners. They have been conditioned to believe that they are in a hopeless situation, not worthy of another’s love and perhaps “too stupid” to make it on their own. The abuser makes his or her partner feel like that partner needs the abuser to survive and, in the honeymoon phase (one of the phases in the cycle of abuse), the perpetrator makes his or her partner believe that he or she is the one who can’t live without the abused partner. An emotional abuse victim who doesn’t leave his or her abuser may also suffer from a psychological condition known as “battered person’s syndrome” which serves as an explanation for why he or she suffers and doesn’t flee a destructive relationship. While battered person’s syndrome and the cycle of abuse primarily pertain to intimate partner relationships, emotional abuse will be defined as child abuse when directed at one’s child and can also be a type of elder abuse as well.

People who are repeatedly exposed to emotional abuse, regardless of whether they are adults or children will exhibit certain common symptoms or behaviors as a result. Emotional domestic abuse victims will usually suffer from extremely low self-esteem, may have difficulty trusting others or forming relationships with others, are fearful, anxious and depressed and may develop serious health problems. Children who are the victims of their parent’s emotional abuse will suffer from the above listed symptoms and will likely suffer a host of additional emotional, behavioral, developmental and academic problems. Studies reveal that emotionally abused children often either attempt suicide or commit suicide due to their feelings of worthlessness.

If any of this information sounds familiar, help is available. The experienced domestic violence attorneys at The Kavinoky Law Firm can counsel a victim of emotional abuse as to what his or her legal options are and will help an individual charged with an intimate partner abuse crime by providing the most comprehensive defense possible. Contact the criminal defense lawyers at The Kavinoky Firm today for a consultation.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They not only know the intricacies behind each and every evidentiary issue that may arise, but they know how to successfully use each to their client’s advantage.

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

A battery charge can result any time an individual willfully and unlawfully uses force or violence upon an intimate partner. This offense is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant who used the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

The following are some of the issues that are likely to arise in a domestic battery case:

• Battered Person’s Syndrome (more commonly called battered women’s syndrome) is a 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.
• Physical evidence can be a huge issue in a battery case. Because this crime doesn’t require that the victim actually suffer an injury, a battery can be charged with no physical proof of the force or violence. Photographs or medical records showing actual injury are therefore helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an experienced attorney.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Domestic violence law is technical and complex, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Domestic battery, sometimes referred to as “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. The term intimate partners includes individuals who are heterosexual or homosexual, married, divorced, living together, or who have children in common, or who are dating or were formerly dating.

Domestic battery is known as a “wobbler” under California law, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Many battery cases are charged as misdemeanors, which carry a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force or any unwelcome physical touching. If serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

Because there is no requirement that there actually has to be any injury in a battery case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of “he said, she said” unless there is some physical evidence of the abuse. Common types of physical evidence in a domestic battery case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothing and damage to personal property.

When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty 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 battery 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.

Facing a domestic battery charge is no joke. The consequences are severe and possibly even life-altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical 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 compassion and respect. They are kept up-to-date on domestic battery evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and for the best representation.

Recanting Victims in Domestic Violence Cases

California’s domestic violence laws apply to any intimate partners. Intimate partners are people who are married, divorced, living together, have children in common, and who are or used to be dating. The partners may be heterosexual or homosexual. It is the very nature of these types of intimate relationships that cause such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well.

In California, once the police are called to investigate an intimate partner abuse situation, it is more than likely that someone will go to jail and be charged with a crime. Without much exception, it is usually the person who called the police that will be labeled the “victim” and the partner who will be labeled the “abuser”, “perpetrator”, or “batterer”. It is the “victim” who gets the ball rolling on the criminal charge, but it is the police, prosecuting agency and judge who take it from there. This means that even if the “victim” wants to later tell the police, prosecutor or judge that he or she was mistaken or lying about the events or that he or she just simply doesn’t desire to press charges, it will not matter, as the case will be filed and prosecuted regardless. If the “victim” does make the decision that he or she doesn’t want to move forward with the case, it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm to avoid the surprisingly devastating effect this can have on the defendant.

If the “victim” chooses of his or her own free will (meaning that the defendant hasn’t threatened or intimidated the partner, which is another crime in and of itself) that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

A partner in a domestic abuse case can’t choose to remain silent if called to testify. The “right to remain silent” doesn’t apply in this situation, as it only applies to self-incrimination. Additionally, if the partner either doesn’t show up to court or simply refuses to actually speak when questioned, that leaves the individual open to being personally charged with other crimes. The absence of the victim’s testimony allows the prosecutor to introduce a recording of the actual call to the police as well as any statements made to the police during the initial investigation. Since these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. In addition, when the partner recants, the prosecutor will likely bring in an expert witness to testify that he or she is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse.”

A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge, compassion and discretion. The attorney will help develop the most effective defense strategy to put an end to a terrible situation that may simply have spiraled out of control. Click here for a free consultation.

The Effects of Domestic Violence on Children

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

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

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

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

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

Defense Attorneys for Child Abuse Law

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

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

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

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

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

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

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

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

Physical Evidence and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married or divorced, living together or formerly living together, or have children in common. 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.

Because the extent of the injury can be almost nonexistent in an infliction of injury case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of “he said, she said” unless there is some physical evidence of the abuse. Common types of physical evidence in an infliction of injury case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothes and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty 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 an infliction of injury 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.

Facing an infliction of injury charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical 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. They are kept up-to-date on domestic abuse evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and the best representation.

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, 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 victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

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 on his or her own recognizance (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. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring 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 typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail 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” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t 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 domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. 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.

Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, 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 victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

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 on his or her own recognizance (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. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring 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 typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail 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” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t 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 domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. 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.

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

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

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

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

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