The Role of a Batterer’s Class in a California Domestic Violence Criminal Threats Conviction

Domestic violence, under California law, exists when a crime is committed against an individual by that individual’s intimate partner. Intimate partners include persons who are either heterosexual or homosexual and are dating, formerly dated, married, divorced, living together or have children together. This means that if an individual threatens his or her intimate partner, the charge will be prosecuted as a domestic abuse offense.

“Criminal threats” may be charged when an individual, either in person, in writing or through a third person, threatens to commit a crime against his or her intimate partner that would result in serious bodily injury or death to that partner if the crime was committed. The fact that the accused didn’t actually intend to commit the crime will not serve as a defense to this crime if the partner reasonably feared for his or her safety upon receipt of the threat.

California D.V. law requires that a defendant who is placed on probation for making a criminal threat against his or her intimate partner attend a batterer’s class. The offender will be required to attend class for a two-hour period at least once a week for one year. These classes are designed to help people convicted of intimate partner abuse learn to better control their anger.

Batterer’s classes are sensitive to sexual orientation, culture and ethnicity, and are conducted in either all female or all male settings. They are available to people of all economic classes. California regulates each class’s program to make sure that each class covers the same material regardless of its location in the state. Classes address the dynamics of power and control, socialization, gender roles, the nature of violence and the effects of abuse on children and others. Included in these broad topics are discussions about different types of abuse, which includes emotional, physical and sexual abuse, economic manipulation or control, threatening a partner, the destruction of property and other acts that affect the well-being and safety of the family.

Teaching a person convicted of a domestic violence crime to walk away from a potentially violent situation is the goal of this type of counseling. In order to achieve this objective, the facilitators encourage their students to examine their lives to gain a deeper understanding about why they need to be in control. If successful, the offender learns that he or she cannot control a relationship through violence or intimidation and has further learned effective ways to communicate and restore balance within his or her intimate relationship.

The defendant’s progress will be monitored by the court and will be considered unsatisfactory if the defendant either blames his or her partner for the abuse or in any other way attempts to shift his or her personal responsibility. When this type of denial or attitude exists, the class leader will confront the individual who has taken such a stance and will refute his or her justification for threatening or intimidating his or her intimate partner. The offender will also receive information about the destructive impact that domestic abuse has on self-esteem and on children who are either victims of or witnesses to such abuse.

The caring criminal defense lawyers at The Kavinoky Law Firm understand that attending a batterer’s program may be one of the most difficult conditions of probation for some of their clients to fulfill. With their compassion and discretion, they will make this difficult time a little easier. A skilled defense attorney can answer any questions about a California criminal threats charge during a free consultation.

Domestic battery, often known as “spousal abuse” or “spousal battery,” is a domestic violence offense in California that applies to intimate partners. “Intimate partners” is a term that covers a wide range of relationships – people of the opposite gender or same sex who are married, divorced, living together, have children in common, and who are dating or formerly dated.

Domestic battery is referred to as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case. Battery can be charged any time a person willfully and unlawfully uses force or violence upon an intimate partner. The offense is typically charged as a misdemeanor and carries a maximum penalty 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 engaged in any unwanted touching. However, in cases of serious bodily injury, such as loss of consciousness, broken bones, or a concussion, the individual will likely face felony charges punishable by a maximum of four years in state prison.

With such severe consequences, a battery charge is no joke. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes, but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at The Kavinoky Law Firm have successfully defended countless individuals in battery cases because they receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions.

Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy. Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the alleged victim’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at The Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a battery case. Whether the allegation stems from an intense, emotional dispute that took a turn for the worse, from a false report, or from a simple mistake, professional guidance can help ease a difficult situation. When things are at their worst, the attorneys from The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

When the police arrive

When someone is either directly involved in or witnesses a domestic violence situation and calls the police or 911, police officers will be dispatched to the scene. Before the officers even begin asking questions, they will likely make two assumptions – first, if a man and a woman are present, it was the woman who was abused and second, that whoever placed the call to the police is the “victim” and the other partner is the “abuser, batterer or offender”. Once they have made those assumptions, they will begin questioning the partners in the attempt to verify their assumptions. During this process, it is best to remain silent until an attorney is present.

In California, intimate partner abuse is taken very seriously. When the police are called to investigate a charge of domestic abuse, it is likely that someone will be arrested. Even if the individual who first called the police changes his or her mind and tells the officers that the call shouldn’t have been placed, it will not matter. Once that first call is made and the police are involved, the case takes on a life of its own and it is only the prosecuting agency and the judge who have any control over the charges. The partner who made the call cannot tell the police that he or she doesn’t wish to “press charges” or that he or she wants to “drop the charges” because that individual gave up control of the situation as soon as the police were called.

Once the police arrive they will begin asking questions to uncover the chain of events that led to the call for their help. They will most likely question each partner (and any witnesses who are present) individually and out of the presence of the other(s) to make sure that each party tells his or her side of the story. The officers will repeatedly ask the same questions in an effort in break the individual down to expose any lies or discrepancies in that individual’s account. It is generally impossible to talk one’s way out of this type of investigation and, therefore, one shouldn’t even try to do so. The best advice is to politely advise the police that an attorney must be present before questions will be answered. This is why it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm immediately after the police are called to the scene.

Although it is difficult, it is critical that the partner being accused remains silent. It is human nature to try to defend oneself by explaining one’s actions, but it is essential not to reveal anything that may inadvertently be incriminating. The accused must not make any admissions, even if that means that he or she will be arrested, as one’s silence cannot be used against him or her in court.

In addition to questioning the parties, the police will conduct a visual sweep of the scene for obvious evidence of domestic violence (holes in the wall, broken furniture, visible injuries, etc.). They will also seek to remove any firearms or other weapons from the home. The officers will also give information to the “victim” about restraining orders. It is in the best interests of the suspect to remain silent throughout this investigation and to simply let the officers do their jobs. Aside from insisting upon a criminal defense attorney, silence is the best policy.

Being accused of a domestic violence offense is scary and overwhelming. Contacting a compassionate yet aggressive attorney should be the first step in the process. An attorney from The Kavinoky Law Firm will not only help the accused navigate through the justice system with ease and understanding but will also provide the best representation available. Click here for a free consultation.

California is very strict with its child abuse offenders and holds people who place their children in dangerous situations accountable in the same manner as it does people who directly abuse their children. Child endangerment may be charged as a California domestic violence crime under one of two theories. In the first instance, a child endangerment charge may be filed when a child is a witness to domestic abuse between his or her parents. It is defined as the abuse that a child suffers while witnessing such an event. In the second instance, a child endangerment charge may be filed when one’s child is placed in a situation where he or she is likely to suffer a serious injury or death, regardless of whether the child actually suffers such an injury, when one permits or causes his or her child to be injured, or when once causes or permits his or her child to be in a situation where the child’s body or health may be endangered. This second area of prosecution has no bearing on whether domestic abuse was occurring in the home, but rather will be treated as a crime of domestic violence simply because the perpetrator was a parent of the child.

Child endangerment manifests itself in a number of ways and may be caused by physical abuse, emotional abuse or neglect. In effect, it is basically any reckless or negligent behavior on the part of a parent that places his or her child’s well-being in jeopardy. Child endangerment is an escalating problem, and the legislature is quick to respond as they continue to update laws, not only to punish offenders with stricter penalties, but to crack down on parents by defining more ways to hold them criminally responsible for their negligent and/or reckless behavior.

Some of the most commonly prosecuted D.V. child endangerment charges include parents driving under the influence of drugs and/or alcohol with their children in the car, parents getting drunk or high while their children are home with no additional supervision, parents entrusting their children to unfit caregivers, parents exposing their children to “meth labs” or other places that engage in illegal or “adult only” activities, parents leaving their children who are too young to care for themselves home with no adult supervision, and parents who expose their children to pornography, sexual activity, and unsecured firearms.

An individual facing child endangerment charges will almost always face the following penalties and, depending on whether an additional intimate partner abuse crime is filed, may face even more. If convicted of child endangerment as a misdemeanor, the defendant faces up to one year in jail, and if convicted of the charge as a felony, the defendant faces two, four or six years in the state prison. In addition to jail or prison time, if a convicted offender is placed on probation, he or she will be on probation for at least four years, will have a criminal protective order issued against him or her to protect his or her child from further abuse, will be required to successfully complete at least one year in a child abuser’s treatment counseling program and, if drugs or alcohol were involved in the alleged offense, the defendant will also be required to abstain from using alcohol or drugs while on probation, will be subject to random testing and may additionally be required to complete a drug and/or alcohol dependency program.

Defense Attorneys for Child Abuse Law

The experienced criminal defense lawyers at the Kavinoky Law Firm specialize in California domestic violence crimes and in successfully defending those individuals charged with child-related offenses. They pride themselves on keeping current in this special area of the law and on the many evidentiary issues and defenses that coincide with DV offenses. To speak to an attorney about a child endangerment charge, click here for a free consultation.

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be married or divorced, living together or formerly living together or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing, and as a result, can effectively fight to keep their clients out of jail or prison.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In an infliction of injury case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on an infliction of injury charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, keeping them ahead of the competition. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.

Prior Convictions and Infliction Of Injury

Willful infliction of injury, sometimes called spousal abuse, is a California domestic violence crime involving intimate partners. These partners may be married, divorced, separated, living together currently or in the past, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. An individual who willfully inflicts an injury, regardless of the severity, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

However, if the defendant facing an infliction of injury charge also has prior domestic abuse convictions, his or her sentence may rise to five years in prison and a $10,000 fine. This is because California has a seven-year “washout” or “look-back” period for domestic violence convictions. This means that before a court will sentence a defendant who has been convicted of this crime, it will look back at the last seven years of the defendant’s criminal history for specific prior convictions. It should be noted that convictions outside of the seven-year period may also factor into a judge’s sentencing decision, but they do not automatically enhance the sentence as they do when the conviction lies within the seven-year period.

The crimes that apply to this seven-year period include battery (whether or not the victim actually sustained serious bodily injury), “spousal” battery which is actually a misnomer, as it applies to intimate partners as defined above and also includes partners who are or were dating, sexual battery, assault with chemicals or flammable substances, assault with a stun gun or taser, and assault with a deadly weapon.

Any person who is convicted of infliction of injury within seven years of one of the above listed crimes (with the exception of spousal battery) will face an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first time offender. A prior conviction of spousal battery carries the additional fine enhancement but no additional prison time. The bottom line is that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine. Additionally, a defendant who has one prior conviction within the seven-year period must serve at least 15 days in the county jail, and two or more prior convictions within the timeframe will result in a minimum of 60 days in the county jail.

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

Clearly, an accused facing an infliction of injury charge who has prior assault and/or battery convictions is in severe jeopardy of losing his or her job, family and freedom. However, there are many effective defense strategies in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer knows that there are at least two sides to every story, and will ensure that the defendant’s version of events is considered by the judge and jury.

California domestic abuse laws are extremely complex, so it’s critical to have an attorney who is experienced in this technical area of the law. The attorneys at The Kavinoky Law Firm are highly trained and well versed in California domestic violence law and have successfully defended countless individuals from the devastating consequences that these laws impose. Click here for a free consultation.

Battered Person’s Syndrome and Sexual Battery

Sexual battery is a California domestic violence crime charged against an intimate partner. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dating. In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side.

Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship. Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from the Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

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

Sexual battery is referred to as a “wobbler” offense, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor. “Touching” can be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser.

Sexual battery charges can be brought against any intimate partner, even one involved in an ongoing, intimate 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 touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor then argues that the “victim” has recanted the allegations because the victim feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at the Kavinoky Law Firm have the training and experience to handle any sexual battery case. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. A skilled attorney from the Kavinoky Law Firm can provide a free consultation and outline an aggressive defense strategy designed to protect the accused partner’s rights and minimize the consequences of a sexual battery charge.

Sexual Battery Trial Considerations

Sexual battery can be charged in any California domestic violence case that involves one intimate partner touching the other for purposes of sexual gratification or abuse. The term ‘intimate partners’ include couples of the opposite and same sex who are married, divorced, living together, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can include any physical contact – however slight – even if it occurs through the clothing of either of the partners. This offense can even be charged against an individual involved in an ongoing relationship. Depending on the circumstances, the crime can be charged as 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.

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 know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client’s advantage.

The following are some of the issues that may arise in a sexual 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 sexual battery case. Because this crime doesn’t require that the victim actually suffer an injury, sexual battery can be charged with no physical proof of the touching. Photographs or medical records showing contact or revealing 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 sexual battery 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.
• 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.

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

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

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

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

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

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

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

Prevention: How to Stop the Cycle of Domestic Violence

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

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

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

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

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

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