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

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

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

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

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

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

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

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

Private Investigators

California’s domestic violence laws include a variety of offenses and a variety of punishments. The offenses include disputes between any intimate partners, whether or not the couple remains together. These partners may be married, cohabiting, have children in common, be divorced or separated, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

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

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

Because of their training and backgrounds, private investigators know how to gather helpful information and are able to collect evidence that an attorney may be unable to locate. He or she will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. He or she will often gather the relevant medical records of both parties. Additionally, a private investigator will examine the criminal history of both the accused and his or her accuser.

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

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

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

Juvenile Justice in California: Dependency and Delinquency

California has two courts in which children may find themselves appearing – dependency court and juvenile court. Both are part of the California Superior Court system and both are considered juvenile court. Dependency court is for children who are abused, neglected or otherwise being raised by parents who are deemed unfit to continue raising their children. Basically, children removed from their home, due to no fault of their own, end up in dependency court. Once removed from the home, the government takes responsibility for the children’s health, education and welfare until and unless they can be safely returned to their home or are adopted by another family. Delinquency involves children who do things that would be considered illegal if they were adults. If a child is in this system, he or she may be able to continue living with his or her parents under court supervision or may be removed from his or her home and place in a juvenile detention center or another type of live-in facility, depending on the child’s age, the seriousness of the crime and on the child’s criminal history.

Juvenile Justice works in a number of ways. With respect to dependency, when a parent has been convicted of child abuse, neglect, endangerment or of another domestic violence crime, his or her child may be removed from the home and made a dependent of the court. Whether or not this happens depends on a variety of factors, including whether that parent is married or single and the “fitness” of the other parent if available. If the child is placed under the custody of the court, the court may try to reunify the child and parent if the parent is successfully rehabilitated and follows all of the courts orders in the specified manner. When this happens, the court will offer many services to help benefit both the child and the family. If reunification services aren’t offered either because the court determines that it would be against the “best interests” of the child to do so or because the court finds that a parent can’t be rehabilitated, his or her parental rights may be terminated and he or she may lose that child, in which case alternative placement will be provided.

Delinquency focuses on treating and rehabilitating children. Taking into account the severity of the offense and the criminal history and background of the child, the court will choose to treat the child in a formal or informal detention center (which may be in a jail-type facility or on a ranch in a boot-camp type setting) or may place the child on probation and back in the care of his or her parents. Because the goal of the juvenile justice system is on rehabilitation, and not punishment like the adult justice system, there are several State agencies that play a role in the rehabilitation of the child, including social service agencies, community organizations and schools.

When a child is abusive to his or her parent (which is a type of domestic violence), that parent may, under certain extreme situations, voluntarily place his or her child in the juvenile justice system and ask the court to take responsibility for the child. This may include situations where the child is beyond the parent’s control and refuses to obey his or her parent’s lawful requests. If the parent does so, he or she risks possibly losing the child, as the court may determine that it is the parent who is failing to adequately control the child. This is a difficult situation to be in and professional legal guidance should be sought before making this type of decision.

Defense Attorneys for Child Abuse Law

The compassionate and trusted criminal defense lawyers at the Kavinoky Law Firm specialize in California crimes of domestic violence and on all of the issues that coincide with these types of special cases. If charged with a DV related crime or for questions about the juvenile justice system, contact them for a free consultation.

Classes and Additional Resources Dealing with Infliction of Injury

California is one of the strictest states in the nation when it comes to punishing domestic abuse offenders. The consequences of an infliction of injury conviction are severe and life-changing. A first-time offender with no aggravating circumstances can face up to four years in prison and up to $6,000 in fines, and an individual with prior convictionsor with aggravating circumstances can face up to nine years in prison and up to $10,000 in fines.

In an effort to try to put an end to the violence, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided for people of all income levels, so it is always possible to find programs that are affordable. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer can be a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner. The goal of this therapy is to empower the victim to leave an abusive relationship behind in order to secure his or her safety.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological, or sexual abuse to gain or maintain control over a partner. California has more than 450 court-approved programs and many others for those seeking help before the courts are forced to intervene. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents and there are Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings which are free of charge and are held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities also exist for the individual who requires more intense drug or alcohol counseling.

For the victim, there are emergency shelters that are set up throughout the state that will allow a victim and his or her children to take temporary residence while keeping their identity confidential. The locations of these shelters are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by infliction of injury, also commonly called “spousal abuse” or “spousal battery,” can take comfort in knowing that help is available. All of the above services are provided in numerous languages and to people of every economic, ethnic and religious background.

Services exist that are geared towards both victims and abusers who are either men or women and who are heterosexual or homosexual. SAFE (Stop Abuse For Everyone) is an excellent resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. In addition, the compassionate and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs. For questions about infliction of injury, or about classes and resources available to those affected by it, please click here for a free consultation.

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

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

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

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

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

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

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

Defenses to Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against an intimate partner. Anyone who touches his or her intimate partner against that person’s will for sexual arousal, sexual gratification or sexual abuse may be charged with sexual battery.

“Touching” can be any physical contact, even slight, and can be done directly, through the clothing of the defendant, or through the clothing of the accuser. Even a partner involved in an ongoing, intimate relationship can be charged with sexual battery.

California law defines “intimate partners” very broadly – they may be of the opposite or same gender, and can be married, divorced, living together, have children together, or be dating or formerly dating. 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.

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.

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 sexual battery charge and know how to effectively communicate them to the judge and jury.

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

There are times when the police don’t follow proper procedure when arresting an accused on a sexual battery charge. If this was the case and they either illegally obtained evidence, inappropriately (either intentionally or unintentionally) tainted evidence or in any other way violated the suspect’s rights, a knowledgeable defense attorney could possibly have the case dismissed.

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 sexual 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. A skilled DV defense lawyer from the Kavinoky Law Firm can answer any questions about effective defenses to sexual battery during a free consultation.

Aggravating factors in a California domestic violence stalking case

Stalking will be charged against an individual as a California domestic violence crime when it is committed against the individual’s intimate partner. Persons who are dating, who used to be dating, who are married, divorced, living together or who have children in common are considered intimate partners regardless of whether they are heterosexual or homosexual. Stalking one’s intimate partner involves following or harassing that partner and threatening him or her to the point where the partner reasonably fears for his or her safety. Those circumstances, by themselves, will cause the crime to be filed as either a misdemeanor, punishable by up to one year in county jail and a maximum fine of $1,000 or as a felony, punishable by up to one year in the state prison.

However, there are certain aggravating factors that, if present at the time of the charged incident, will force a judge to impose a much more severe sentence. An aggravating factor is a fact or circumstance that makes an alleged crime even more disturbing than had that fact or circumstance not existed. When an aggravating fact does exist, it usually means that a court will impose the strictest available penalty when it is within the court’s discretion to do so. This is one reason why an individual who is accused of stalking should contact a criminal defense lawyer immediately upon an arrest. The experienced attorneys at the Kavinoky Law Firm specialize in defending California D.V. cases. They aggressively defend their clients by arguing against the injustice that maximum sentencing invites and do their best to keep all penalties to a minimum.

Stalking, as a domestic abuse crime, generally has three aggravating factors that are most commonly seen in connection with this charge – great bodily injury, violating an order already in place and prior convictions.

If an individual inflicted great bodily injury upon his or her intimate partner while stalking that individual, he or she faces three to five years in the state prison in addition to and consecutive with any prison time that would have been ordered had the injury not been sustained. A good defense attorney may argue that the injury was the result of an accident and not directly the fault of the accused if such an argument could be justified by the facts.

Stalking an intimate partner in violation of a court order prohibiting such conduct against that same partner will also result in a stiffer prison sentence. If convicted of stalking under these circumstances, the defendant will definitely face a felony, punishable by imprisonment in the state prison for at least two years and as many as four.

Prior convictions for stalking or for other crimes will also warrant a more severe sentence for a convicted defendant. If the defendant was previously convicted of a felony stalking charge, he or she will face a felony, punishable by either two, three or five years in the state prison. If he or she was previously convicted of infliction of injury, violation of a court order or criminal threats and is convicted in the pending case, he or she may face the same penalty as if he or she hadn’t been previously convicted or may face a felony, punishable by either two, three or five years in the state prison, depending on the circumstances surrounding the incident and on how much time elapsed since the last conviction.

When aggravating factors exist, it is even more critical for an accused to hire a skilled attorney from the Kavinoky Law Firm who is familiar with all of the special issues that are raised in intimate partner abuse cases and, more specifically, in a stalking case. An attorney from the Kavinoky Law Firm will do his or her best to persuade the court that alternative sentencing better serves the interests of justice than incarceration and will argue that additional sentencing would simply be unjust. Click here for a free consultation and for the best representation.

Registration as a sex offender: The court’s discretionary power in a California domestic violence stalking case

Stalking, under California law, will be charged as a crime of domestic violence when an individual follows or harasses and threatens his or her intimate partner, intending to place that partner in fear. An intimate partner is one’s spouse, former spouse, significant other, former significant other, the person with whom one lives or the person with whom one has children and can be heterosexual or homosexual. When prosecuted as a domestic abuse crime, a defendant convicted of stalking his or her intimate partner faces up to one year in county jail and up to a $1,000 fine if charged as a misdemeanor or up to one year in the state prison if charged as a felony. If aggravating factors were presented that surrounded the alleged incidents or if the defendant has prior convictions for stalking or for other specified crimes, he or she would face a much stiffer sentence. In any event, a stalking conviction carries many additional penalties as well, perhaps the most devastating being registration as a sex offender.

Registration as a sex offender is a mandatory penalty for persons convicted of specific crimes. However, the law allows a court a certain amount of discretion in deciding whether or not to impose this penalty upon individuals who are convicted of selected crimes, including intimate partner stalking. If, at the time of conviction or at the time of sentencing, the court determines that the defendant committed his or her offense as the result of sexual compulsion or for the purpose of sexual gratification, it may require the defendant to register as a sex offender, so long as it states its reason for doing so.

Registration as a sex offender, in California, is for life while going to school in this state, while working in this state or while living in this state. At the time of registration, and in addition to any fines that were imposed in the D.V. stalking case, the defendant must pay $200 for a first conviction or $300 for a second or subsequent conviction that will be paid to a Department of Justice general fund.

Registration requires that the defendant personally register his or her primary address and any other addresses where he or she frequently resides with his or her local law enforcement agency within five days of its imposition and includes registering with the campus police if he or she attends a college or university. An individual who resides in another state but who is employed in California must register in the same way within the same timeframe if he or she is a registered sex offender in the state in which he or she lives. If the defendant moves or changes his or her name, the change must immediately be reported to the new local law enforcement agency. Moving may also require an individual to register as a sex offender in the new state to which he or she has moved. Should the defendant fail to strictly adhere to any of these requirements within the allotted timeframes, he or she will face an additional criminal charge, punishable as a misdemeanor by up to one year in jail if the stalking charge was filed as a misdemeanor or punishable as a felony by either 16 months or two or three years in the state prison if the stalking charge was prosecuted as a felony.

When charged with DV stalking, it is imperative that the accused hires a criminal defense lawyer who has experience with intimate partner abuse and all of the defenses and penalties that coincide with this special area of the law. The attorneys at the Kavinoky Law Firm specialize in domestic violence crimes and have successfully defended many intimate partner stalking cases. Click here for a free consultation and for the best representation.

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.

Civil Penalties Associated with a California Domestic Violence Criminal Threats Accusation

Criminal threats is a California domestic violence charge when the recipient of the threat is the intimate partner of the individual who issued the threat. Persons are intimate partners (regardless of whether they are involved in heterosexual or homosexual relationships) when they are dating, formerly dated, married, divorced, living together or have children together.

A domestic abuse charge based on criminal threats may be filed when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to the partner. It is irrelevant that the individual didn’t actually intend to follow-through with the crime, as the only relevant fact is that the partner, upon receipt of the threat, was reasonably in fear for his or her safety.

Criminal threats, in a criminal court, is a charge that would be filed by a prosecuting agency, not by the “victim” or recipient of the threat, as many incorrectly believe. In civil court, it would be the “victim” or intimate partner that was threatened (who becomes known as the plaintiff) that would sue the individual who made the threat for this “tort,” “wrong” or “cause of action.” Criminally, a defendant must be found guilty “beyond a reasonable doubt” (which is the highest burden of proof that exists) before he or she can be convicted. Civilly, the judge or jury must only be convinced that there is a “preponderance of the evidence” (which means greater than a 50% chance) that the defendant threatened his or her intimate partner.

In a criminal court, a defendant who is convicted of this charge faces up to one year in county jail or prison, depending on whether the crime was charged as a misdemeanor or a felony, and several additional penalties as well. In a civil court, an individual who is found liable for this tort may face substantial fines but cannot be sentenced to imprisonment. The individual may be required to pay up to three different types of monetary damages to his or her intimate partner for making criminal threats against that intimate partner. When an exact dollar amount can’t be calculated for the wrong caused to the intimate partner, he or she will be awarded “general” damages. Damages for “pain and suffering” are typically awarded under this category. If the recipient of the threat has out-of-pocket expenses (such as hospital bills, attorney’s fees or the cost to replace or repair any damaged personal property) that were incurred as a result of the threat, he or she would be entitled to “special” damages. The third type of damages that the intimate partner may be awarded are “punitive” damages, which are imposed to punish willful or malicious misconduct and are awarded over and above special and general damages.

A Civil Protective Order will be issued in addition to monetary damages if it is proven that the plaintiff is reasonably in danger. A Civil Protective Order is like a Criminal Protective Order in that it will likely prohibit the offender from coming within a certain distance of the plaintiff to prevent further threats or abuse. A much more restrictive order may be imposed if justified by the facts presented at trial. A civil protective order lasts for a period of three years.

Making criminal threats against an intimate partner has many serious consequences, both civil and criminal. With that in mind, it is critical that an individual accused of this crime contacts a criminal defense lawyer who can defend against the charge. The attorneys at The Kavinoky Law Firm have experience dealing with California’s intimate partner abuse crimes and have successfully defended countless criminal threats cases. They are equipped to aggressively tackle any criminal case and can provide referrals for civil defense attorneys where appropriate. An experienced defense lawyer can answer questions about a California domestic violence case during a free consultation.