In California, when an individual threatens and willfully follows or harasses his or her intimate partner with the intent of placing that partner in fear, he or she will likely be charged with stalking as a domestic violence crime. Domestic violence crimes, in California, apply to all crimes that are committed against one’s intimate partner. Intimate partners are both heterosexual and homosexual persons who are married, divorced, living together, have children together, dating or formerly dating. While the crime of stalking isn’t necessarily a domestic abuse crime, if committed against an intimate partner, it will be prosecuted as such, subjecting the accused to a variety of severe penalties, including up to one year in county jail and/or up to a $1,000 fine or up to one year in state prison, depending on whether the crime was charged as a misdemeanor or as a felony and up to five years in prison if there were either aggravating circumstances that surrounded the alleged incidents or if the defendant has prior convictions for stalking or other specific offenses.

One of the ways that a defendant may be cleared from a D.V. stalking charge or convicted of a DV stalking charge is through DNA evidence. DNA evidence is playing a larger role than ever before throughout this country in acquitting and convicting persons charged with a crime. This is because scientists have developed ways of extracting DNA from sources that used to be too difficult or too contaminated to use.

DNA (deoxyribonucleic acid) is a type of scientific, physical evidence that, if and when it exists, can have a tremendous impact on the outcome of an intimate partner violence stalking case. An individual’s DNA includes information about everything from his or her eye color to any genetic defects. It is found in virtually every cell in a person’s body and is commonly retrieved from one’s blood, bone, hair, saliva or skin tissue. An individual’s DNA is particular to that person and remains constant throughout his or her life. The reason that this type of evidence is so conclusive is because, with the exception of identical twins, no two people share the same DNA. As a result, if someone’s DNA can be collected from a crime scene or from some other evidence that is linked to a crime, it may exclude a person from having been at the scene or from having participated in a crime, or it may directly link an accused to the crime.

DNA evidence is only going to be used more frequently in criminal trials as time goes on, which is why is it so important to have a criminal defense lawyer who understands the science involved in this type of evidence and who has experience defending against it. The skilled attorneys at the Kavinoky Law Firm receive ongoing education and training in intimate partner abuse cases and on the many different evidentiary issues, such as DNA evidence, that commonly arise in these types of cases. They have a great deal of experience defending individuals against stalking charges and have the knowledge and resources to make sure that the most comprehensive defense possible is devised for each individual’s case. To speak to one of our lawyers today, please click here for a free consultation.

Types of Abuse that Can Lead to Domestic Violence Charges in California

In California, domestic violence laws apply to all crimes that are committed against one’s intimate partner (that is, a spouse, former spouse, significant other, former significant other, the person with whom one lives or lived and the person with whom one has children), one’s child, parent or anyone else related by blood or marriage within the second degree. Domestic abuse is a general phrase that encompasses many different types of abuse, some that are easy to identify and prove and others that are not.

Physical abuse is perhaps the most commonly identified and most reported type of domestic abuse and can range from restraint to murder. Physical abuse occurs when an individual intentionally uses force upon another, attempting to cause pain, harm and/or injury. Types of physical abuse include, but are not limited to, sexual abuse, slapping, hitting, punching, pushing, shaking, restraining, biting, choking and assault with a weapon.

Emotional abuse, also known as verbal abuse or psychological abuse is thought to be widely underreported because of the fact that it is difficult to prove and is usually committed in conjunction with other forms of abuse. Although it would seem that physical abuse would be more painful, the effects of emotional abuse are considered to be far more devastating. Emotional abuse occurs when an individual threatens or intimidates another in an effort to gain control over that person, shames, mocks or criticizes another person (regardless of whether others are around at the time), isolates another person, destroys pets or property in front of another person in an effort to instill fear in that individual and when an offender blames the victim for the offender’s violent actions.

Financial abuse, or economic dependence, occurs when an individual either prevents access to or withholds money, checks or credit cards from another, steals from another (for example, a child who steals from a parent or a partner who steals from his or her partner or exploits that partner for his or her own financial gain) or withholds necessities from another such as food, shelter, medicine or clothes. Financial abuse often goes hand-in-hand with emotional abuse and can cause a victim to feel absolutely hopeless.

The effects of domestic violence are serious and can last forever. Victims of D.V. often exhibit depression, anxiety or fear, low self-esteem, anger, withdrawal, a difficulty in forming relationships with others, eating disorders and other health problems and may develop drug, alcohol and/or other destructive, addictive behaviors. The effects on children (whether they are directly abused or witness the abuse that takes place in their home) are even more extreme. In addition to the above behaviors, children will often act out by committing crimes and acting violent towards others, may attempt suicide and are more likely to grow up to be adult abusers.

The outstanding attorneys at The Kavinoky Law Firm specialize in California crimes of domestic violence and can help defend against a charge of intimate partner abuse, child abuse or elder abuse. These trustworthy attorneys can also provide referrals for counseling and other types of services for abusers who want help and for the victims that they have hurt. Because of the devastating effects that abuse can have on one’s family, an offender faces severe consequences if convicted of a Domestic Violence-related crime. One’s family and freedom are too important to trust to an inexperienced attorney. Contact the attorneys at The Kavinoky Law Firm today for a free consultation.

Domestic battery, is a California offense also known as “spousal abuse” or “spousal battery.” Under California law, battery is a domestic violence crime that applies to intimate partners. Intimate partners can be of opposite or the same genders, married, divorced, living together, have children in common, or be dating or formerly dating.

Battery is a “wobbler” offense, meaning that it can be charged either as a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery is punishable by a maximum one-year jail sentence and a $2,000 fine.

An individual can be charged with domestic battery even if he or she used only the slightest force. Any unwanted physical touching can result in a misdemeanor battery charge. However, if an individual suffers serious injury, such as broken bones, loss of consciousness or a concussion, the offense will likely be charged as a felony punishable by a maximum of four years in state prison.

Every crime has specific elements 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 “spousal battery”, the prosecutor must prove three elements.

The first element is that the accused used force or violence upon another. 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 use of the force or violence was willful. “Willful” means that the individual had the willingness or desire to use 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 do the act. In a situation where the accused willfully used the force in self-defense or in the defense of others, he or she is not guilty of a battery. It is the prosecutor’s burden to prove that the willful force was unlawful and not for self-defense or in the defense of others.

The final element that must be proved is that the accused and the accuser were intimate partners at the time of the alleged offense. This means that as long as the parties met the definition of “intimate partners” as defined above (which includes being married, divorced, separated, living together or formerly living together, having children in common, dating or formerly dating) at the time of the battery, the defendant may be convicted of this charge. It is important to remember that the definition of intimate partners includes heterosexual relationships as well as same-sex partnerships.

In a domestic abuse battery case where the victim suffered from serious bodily injury, there is an additional element that must be proved. The prosecutor must be able to show that the injury that the victim sustained was a result of the force or violence that was used by the accused. In other words, it must be proved that the injury wasn’t self-inflicted or caused as the result of an accident.

A California domestic battery accusation is a very serious matter. Facing a domestic violence charge 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.

Domestic battery, more commonly called “spousal abuse” or “spousal battery,” is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2,000 fine.

An intimate partner can face domestic battery charges even if he or she used only the slightest force. Any unwelcome touching can result in a battery charge. However, if the accuser suffers a serious injury, the battery charge will rise to a felony, which carries a maximum penalty of four years in state prison.

While that is the maximum prison sentence and fine that can accompany a first-time battery conviction (a person with prior battery convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Anyone convicted of domestic battery in California will be placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a probation officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called “summary probation,” which means that the individual must follow-through with the terms of probation and must not violate any other laws.

During the period the offender is on probation, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should be noted that the accuser will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t booked prior to trial.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following-through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion, discretion and respect. They sympathize with their clients and do their best to help each client through this difficult time. To learn more about the penalties that go along with a battery conviction or to speak with one of our attorneys regarding any another legal matter, click here for a free consultation.

Domestic battery, also referred to as “spousal abuse” or “spousal battery,” is a California domestic violence offense that can be charged in any alleged abuse situation involving intimate partners. The term “intimate partners” covers a wide range of relationships, including heterosexual and homosexual couples, individuals who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum sentence of four years in state prison.

The good news is that there are many effective defenses 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 will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because a battery charge requires no physical proof of an injury and is commonly based on a “he said, she said” allegation, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good lawyer will attempt to either discredit both or alternatively make them favorable to the defense.

In an effort to acquit the accused, the attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing a battery charge and know how to effectively communicate them to the judge and jury.

Two common battery defenses are self-defense and the defense of others. If the accused can prove either of these defenses, he or she cannot be found guilty of this crime, as they negate criminal responsibility. Likewise, if there is a lack of intent on the part of the defendant (for example, the force or sustained injury was the result of an accident), he or she must be acquitted of this charge.

As stated previously, an accused can be charged with battery even if he or she used the slightest force. When a victim sustains little or no injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the so-called “victim” files false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

A domestic violence charge such as battery can have life-changing consequences, as the defendant’s reputation, livelihood and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. Become a part of their success. Click here for a free consultation and for the best representation.

Mandatory Terms of Probations with a Conviction for Violating a Protective Order

Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and accuser are intimate partners. Intimate partners may be married, divorced, living together, have children in common, or be currently or formerly dating. These laws apply to both heterosexual and homosexual couples.

Protective orders are issued by the court and may prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum penalty of a one year jail sentence and a $1,000 fine.

California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

While that is the maximum prison sentence and fine that can accompany a first-time conviction for violating a protective order (a person with aggravating factors and/or prior convictions for the same crime faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed.

Upon a conviction for violating a court order, the defendant is placed on a minimum of three years probation, which will likely be informal, because the charge is a misdemeanor. During that time, a more restrictive criminal court protective order will be issued against the defendant to prevent further acts of violence against the protected party and, if appropriate, will contain a residence exclusion and/or stay-away conditions. It should be noted that the protected party will be notified about the outcome of the case.

In addition to the procedural conditions just described, the convicted must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the protected party for any reasonable expenses that the court believes were incurred as a direct result of the violation.

When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult time. An experienced defense lawyer can explain the complexities of a charge of violating a protective order during a free consultation.

Criminal Threats

Domestic violence laws in California protect against abuse between intimate partners. The phrase “intimate partners” applies to both straight and gay couples who are either married or divorced, have children together, are living together, or who have dated at any time. Making criminal threats against an intimate partner is one of the charges that may be filed in a California domestic violence case.

Given the fact that California is one of the strictest states with respect to its domestic abuse offenders, it is critical to hire an attorney who is experienced and knowledgeable to aggressively defend the charges. The consequences that a domestic violence arrest can bring are extremely serious and a skilled attorney at The Kavinoky Law Firm knows how to successfully resolve these types of cases.

“Criminal threats” is what is known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime if the partner is reasonably in fear for his or her own safety or for the safety of his or her family. This charge may be prosecuted as either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the accuser that the threat could be immediately executed. In addition, the form of the threat doesn’t matter – the threat could be made in person, in a letter, over the telephone, or conveyed in an e-mail – just as long as the person actually receives the threat. On that note, the threat doesn’t even need to be real. Even if the defendant never actually intended to carry out the threat, he or she could still be prosecuted for this crime if his or her intimate partner was reasonably in fear.

Making criminal threats isn’t necessarily a domestic violence charge, as a threat can be made against anyone. However, when the threat is directed at an intimate partner, the result is that the charge will be treated as an intimate partner abuse case and prosecuted under domestic violence law. California domestic violence laws carry serious consequences, including but not limited to heavy fines, jail and/or prison time, firearm and professional licensing restrictions, and irreparable damage to one’s reputation. Given the severity of these consequences, it is vital to have a skilled attorney at the defendant’s table.

An experienced attorney will focus on the accuser’s motives and credibility and possible lesser-included offenses. Sometimes the accused faces false allegations based on factors such as jealousy or revenge and it is up to a skilled lawyer to highlight these types of defenses. Contacting a criminal defense attorney at The Kavinoky Law Firm as soon as possible allows the attorney to question witnesses and examine evidence soon after the event, providing the best opportunity for a successful defense.

Many individuals convicted of a misdemeanor or felony offense in California fear that their criminal records will follow them throughout their lives and create impediments to employment, housing, education and other opportunities. This fear is not unfounded, however, it’s often possible to wipe the slate clean through a process called expungement. The skilled lawyers of The Kavinoky Law Firm are experienced in every aspect of California expungement and other forms of post-conviction relief, and will fight hard to clean up an individual’s criminal record.

Expungement of California misdemeanor offenses is possible as long as the defendant meets certain criteria. The individual must have completed probation, if applicable, or have been granted early release – something that a knowledgeable defense attorney can also help with. If the individual violated the terms of probation and had it reinstated or revoked, it’s up to the court to decide whether to grant expungement. If the individual was not placed on probation, at least one year must pass between the date of conviction and the date that expungement is requested.

In addition to the requirements listed above, all fines, court fees and restitution ordered as part of the original sentence must be paid, and the individual cannot have any criminal charges pending or be on probation for another offense.

Certain offenses cannot be expunged, including most sex crimes and violations of California Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803.

If all of the requirements listed above are met, the process of expunging a California misdemeanor conviction is as follows: An attorney files a petition with the original court of conviction to have the charges dismissed. If the petition is granted, the individual is allowed to withdraw a plea of Guilty or nolo contendere / No Contest. If the individual was convicted by a judge or jury, the guilty verdict is set aside. When that occurs, the original charges are dismissed and the individual no longer has a conviction on his or her record.

Although expunging a California misdemeanor conviction has enormous benefits, there are also limitations. The individual must disclose expunged offenses in certain circumstances, including applications for public office or any state license, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery.

Other circumstances not specifically mandated by law may also require disclosure, such as applications to become a police officer. In addition, restrictions such as firearm possession or requirement to register as a sex offender will still apply even though expungement has been accomplished..

Despite the limitations, the benefits of expunging a California misdemeanor conviction are enormous. Having a clean criminal record eliminates hurdles to many opportunities, particularly employment. Perhaps even more valuable is the peace of mind that comes from rectifying a past mistake. To learn more about expungement or other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.

Infliction of Injury’s Aggravating Factors

Willful 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. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

While that is the basis of an infliction of injury charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will not only aggressively defend the charges, but will also do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

In an infliction of injury case, if the accused either lives with or lived with the alleged victim or a minor (a person under 18 years of age), or the accused is married to the victim, or the accused is a parent, step-parent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurs in the presence of or was witnessed by that minor, the accused will face an aggravated sentence if convicted of the crime.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice.

In addition to the issue of aggravating factors just described, the consequences of a conviction for infliction of injury may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury.If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of infliction of injury in a case where the victim was seriously injured faces up to a total of nine years in prison.

With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this highly complex and technical area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.