Civil Penalties and Sexual Battery

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

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the accuser was unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

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

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

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

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

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

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

The Definition of Sexual Battery

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

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

Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six months in jail and a $2,000 fine. However, if the touching occurs while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

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

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

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

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

Professional license issues affected by a California domestic violence stalking conviction

Domestic violence laws, in California, apply to all crimes that are perpetrated against intimate partners. Stalking will therefore be charged as a domestic abuse crime if the accused willfully and maliciously followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear for his or her safety. Intimate partners are persons who are married, divorced, dating or formerly dating, cohabitating or who have children in common. The penalties that face an individual convicted of stalking an intimate partner are severe and possibly life altering, depending on the circumstances that surrounded the alleged incidents and depending on whether the crime was charged as a misdemeanor or as a felony. Although one usually expects criminal punishment to follow a conviction, one usually doesn’t anticipate that his or her career may be jeopardized as well.

California professional license issues are generally regulated by the Business and Professions Code. The code permits a licensing board to either suspend or revoke a person’s professional license under certain circumstances following a criminal conviction. If revoked, an individual must more than likely find a new career in order to financially survive.

Professional license restrictions may be illegally imposed if the conviction doesn’t substantially relate to the duties, functions or qualifications of the defendant’s job. The board may impose a restriction following a criminal conviction, regardless of whether the defendant pled guilty or no contest or was found guilty by a judge or jury and may go into effect once the defendant is placed on probation, once his or her conviction has been affirmed on appeal or once the timeframe within which to file an appeal has lapsed. In addition, there are some licensing boards that may set forth even stricter guidelines when they issue licenses that may call for suspension or revocation upon a conviction for a specified offense. This is simply one reason why it is important for an individual who holds a professional license to contact an attorney immediately upon a stalking accusation. The criminal defense lawyers at the Kavinoky Law Firm will not only vigorously defend their clients throughout their criminal case, but may help resolve post-conviction issues as well. They can help fight against a professional license restriction by arguing against its application to their client’s case when appropriate.

In most instances, a D.V. stalking conviction will unlikely be related to the functions or duties of one’s career. A lawyer has the knowledge and resources to defend his or her client against an illegally imposed professional license restriction. There are many boards that simply may not want a convicted criminal holding their license. The board may try to use the conviction to inappropriately discipline an otherwise competent license holder, which is, in most cases, illegal. However, there are two ways that a restriction may certainly be upheld according to the law. The first is if the defendant who was convicted of stalking his or her intimate partner was ordered by the court to register as a sex offender. Certain professions, including physicians and surgeons, have specific rules about license revocation when a sex offense is involved. The second is if, as a part of the defendant’s job, he or she must carry a firearm (which is probably unlikely in most professionally licensed positions). Firearm restrictions do apply to intimate partner stalking convictions and may therefore legally put an end to an individual’s career.

When charged with stalking an intimate partner, it is critical for the accused to hire a skilled attorney who is familiar with all of the evidentiary issues and post conviction issues that an individual facing an intimate partner abuse stalking charge may encounter. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced DV stalking charges and helped them maintain their dignity, family, careers and freedom. For questions about a stalking charge or about professional license issues, click here for a free consultation.

The Cycle of Abuse in a Relationship Affected by Domestic Violence

Relationships that are affected by domestic or intimate partner abuse all have a common factor – the cycle of abuse. The cycle of abuse is a pattern of behavior that an abuser and his or her victim go through between incidents of abuse. Although domestic violence deals with emotional, financial and physical abuse, the cycle of abuse primarily deals with physical abuse. There are generally three distinct phases of the cycle, and include the tension-building phase, the violent episode, and then apologetic, loving behavior, commonly referred to as the honeymoon phase.

The tension-building phase in the cycle of violence is where emotional abuse, and sometimes even physical abuse, usually begins. This is the phase where tension builds between the abuser and his or her partner or family members who in turn experience high levels of anxiety, fear and anticipation of what will happen next. Although this phase is inevitable, it may begin due to stresses about finances, the couple’s children, trust issues or any other problem that the family might be facing. Many victims of abuse try to calm their partners or other family members down during this phase by claiming responsibility for behavior that isn’t their fault or by shifting attention away from the problem. Once the tension rises to its highest level, the violent episode takes place.

The battering incident, also referred to as the acute battering incident, takes place when the tension-building phase escalates and the abuser then attacks his or her partner or other family member. The episode is unpredictable and may be set off by anything. Once started, only the person inflicting the abuse can stop it. Although one might think that this phase would be incited by an act of the victim, such is rarely the case, as he or she usually has little to do with it. This phase is usually brought on by an external problem or internally within the abuser. There are times, however, when a victim might provoke his or her intimate partner or other family member into this phase, wanting to get it over with, knowing that the honeymoon phase is next. It is during this phase that victims are seriously injured and even killed.

The final phase of the cycle of abuse is commonly referred to as the honeymoon phase. This is where all tension has left the relationship and the bonds between the couple or family are strengthened. During this phase, the abusive partner or family member acts loving, may shower his or her victim with gifts and affection and promises to never hurt him or her again. Both the abuser and the victim want to believe the abuse is truly over and it is because of the grief and devotion that the batterer shows his or her victim during this phase that prevents many victims of domestic and intimate partner violence from leaving their abusive relationships.

A victim who has experienced these cycles of abuse at least twice may be diagnosed with a recognized psychological condition known as battered person’s syndrome. This syndrome can be used as a defense to a crime committed by a battered person or may be used against a defendant in a domestic violence trial if his or her victim recants or refuses to cooperate with the prosecution.

Leaving an abusive relationship may be the only way to end this cycle of violence. California has an abundance of resources that are designed to help victims of domestic abuse leave their abusers and find ways to lead their lives free from fear and violence. The National Domestic Violence Hotline, found online at www.ndvh.org or by phone at 1-800-799-SAFE, is a great place to learn more about the signs and symptoms of domestic violence or to seek referrals for classes, counseling or other programs. Speaking with the compassionate lawyers at The Kavinoky Law Firm may also be helpful to learn about a D.V. victim’s legal rights and remedies. Contact an attorney today for a free consultation to discuss any Domestic Violence-related matter.

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.

In a criminal court, battery is what’s 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. 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 $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 serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery charge will likely be charged as a felony which carries a maximum of four years in state prison.

In a civil court, an individual who is found “liable” for committing this “wrong” or “tort” is subject to several different heavy fines but cannot be sentenced to jail or prison. Other than terminology, the penalty is the primary difference between a civil suit and a criminal case.

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

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

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

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

Hearsay and 911 Calls and their Admissibility into Evidence in a California Domestic Violence Criminal Threats Trial

California domestic violence crimes are crimes that involve intimate partners. Intimate partners include people who are married, divorced, dating, formerly dated, living together or who have children in common. The laws apply to both heterosexual couples and same-sex partnerships. When an individual makes a criminal threat against his or her intimate partner, the crime will be charged as domestic abuse.

“Criminal threats” can be charged when a person threatens to commit a crime against his or her intimate partner, which, if committed, would result in death or serious bodily injury to that partner. The threat can be conveyed in almost any manner as long as the partner receives it and the partner reasonably feared for his or her safety as a result. It is not a defense that the accused didn’t actually intend to carry out the threat. If convicted of this crime, the defendant faces up to one year in the county jail or state prison, depending on whether the crime was filed as a misdemeanor or a felony.

Hearsay is a legal term that refers to “out of court” statements that a lawyer subsequently tries to offer as evidence “in court” during a trial. In order for the statements to qualify as hearsay, they must be introduced for their truth. In a typical criminal proceeding, if the court determines that the statements are, in fact, hearsay, it will likely rule that the statements are inadmissible, the rationale being that a witness should only testify to things about which he or she has actual, personal knowledge. However, California permits hearsay, including 911 telephone calls, to be admitted into evidence in intimate partner abuse trials.

In a criminal threats case, this exception allows into evidence statements that were made by the accuser at the time he or she was being threatened or immediately after the charged incident. The reason that this exception exists for D.V. cases is because it is believed that a victim who is experiencing abuse would lack the opportunity to reflect on or fabricate the facts. Obviously that rationale doesn’t always hold true, as many domestic violence 911 calls have been made based on made-up allegations in an effort to control or punish one’s partner or were placed out of anger, revenge or jealousy. In any event, the statements are allowed into evidence and, as a result, the prosecutor will no doubt play a recording of the 911 call and have the investigating officer read the accuser’s statements to the jury.

As is true with any area of the law, even exceptions have exceptions, which is why is it critical to have legal counsel who is familiar with domestic abuse cases and the evidentiary issues that frequently arise in these types of trials. The skilled criminal defense lawyers at The Kavinoky Law Firm pride themselves on keeping up with current case law and cutting edge trial strategies. They frequently participate in training seminars that relate to intimate partner violence, giving them a leg up on the competition. As a result, when a prosecutor tries to introduce hearsay and 911 calls in a criminal threats trial, they are prepared to effectively argue for their admission or exclusion, depending on which result would provide the most favorable outcome for their client. Because of the complex and technical rules (and the exceptions to those rules) that come into play in a California D.V. case, having an experienced and qualified criminal defense lawyer who knows how to tackle tricky evidentiary issues is critical. An experienced attorney can outline a proven defense strategy to a domestic abuse case during a free consultation.

Privacy protections available to victims of domestic violence

Each year, millions of people are victimized by domestic violence. These victims are from every economic background, every ethnicity, both genders, and are both hetero- and homosexual. This is a growing problem on which California has taken a serious stand. California’s domestic violence laws are among the toughest on offenders. The penalties are severe and often jeopardize one’s reputation, career, family and freedom.

Domestic abuse laws apply to any intimate partners. Intimate partners include men and women who are married, divorced, living together, have children in common, and who are or were dating. The partners can be heterosexual or involved in same-sex partnerships.

When a true victim of intimate partner abuse makes the decision to leave his or her partner, physical safety becomes an even bigger concern than ever. If an abuser finds out that his or her partner and children, if any, are going to leave, the potential for serious bodily injury (and even death) are imminent. Because of that fact, emergency shelters 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 shelter locations are kept a secret from everyone except those professionals who would need to be “in the know” to help further protect the residents.

While these protections are an absolute must for true victims of intimate partner violence, they act as yet another form of abuse to those individuals who have been falsely accused of being batterers and to the accused who are also abused by their partners. Anyone who has been arrested for a domestic violence crime should immediately contact an attorney. Someone who has either been falsely accused of committing a domestic violence crime or someone who has been accused of a domestic violence crime who is also abused must immediately contact an attorney. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in handling every type of domestic abuse case and have successfully defended countless individuals, treating each with compassion, discretion and respect.

Both the falsely accused and the abusers who are also abused fall into a special category of people who are clearly hurt by the privacy protections afforded to the “victims” of domestic abuse. When an individual falsely accuses his or her partner of abuse or files a police report as an exertion of power against that partner, he or she is labeled the “victim” and the partner the “abuser.” The “victim” is then able to seek shelter with the couple’s children and the “abuser” has no way of finding his or her family. There are a variety of factors that may motivate the “victim” to do this including, but not limited to, power, anger or jealousy. The accused ends up feeling helpless and may end up unintentionally committing additional crimes trying to locate his or her family.

When this type of situation occurs, the best thing an individual can do is to contact an experienced domestic violence attorney to help remedy the situation. The attorneys at The Kavinoky Law Firm will ensure that the judge and jury not only hear the defendant’s side of the story but believe it as well. They want to make sure that the wrongly accused aren’t victimized by the criminal courts system or by their partner anymore. Please click here for a free consultation.

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.