Category: Domestic Violence

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Alternative Sentencing with a Sexual Battery Conviction

Alternative Sentencing with a Sexual Battery Conviction

Sexual battery is a California domestic violence offense that can result in jail or prison time if the defendant is convicted. 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.

Sexual battery can be charged against any intimate partner – heterosexual or homosexual, married, divorced, living together, have children in common, or dating or formerly dating. If a person touches an intimate part of his or her intimate partner 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 include even slight physical contact, whether it occurs directly, through the clothing of the accused, or through the clothing of the defendant. This offense can be charged even against a partner involved in an ongoing relationship. Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six-month in jail 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.

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 a sexual battery 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 a sexual battery 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, and can provide a free consultation. 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.

Sexual Battery Penalties

Sexual Battery Penalties

Sexual battery is a charge that can be brought in California domestic violence cases involving intimate partners. Under California law, every type of relationship can be considered an intimate partnership, including couples who are heterosexual and homosexual and who are married, divorced, living together, have children in common, dating or formerly dating.

Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can face a misdemeanor sexual battery charge. Even a partner involved in an ongoing relationship can face a sexual battery charge. “Touching” can include any physical contact – no matter how minor – even if it occurs through the clothing of either individual.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum penalty of six months in jail 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.

Although the penalties just described list the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors (facts that surround the charged incident that make the incident seem even worse) and/or a prior sexual battery conviction will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a criminal protective order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.

One of the most devastating penalties that one convicted of sexual battery faces is registration as a sex offender. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison. A defendant convicted of sexual battery will also be required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice.

A conviction for sexual battery may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This means that a conviction could potentially end an individual’s career.

Finally, an individual may not only be charged criminally for sexual battery, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested on a sexual battery charge hires a qualified attorney who is familiar with all of the defenses that apply to this crime. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner violence charges.

Mandatory probation terms in a California domestic violence stalking conviction

Mandatory probation terms in a California domestic violence stalking conviction

Stalking, when prosecuted under California’s domestic violence laws, takes place when an individual maliciously and willfully harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear. Intimate partners, regardless of whether they are heterosexual or homosexual, are married, divorced, have children together, are living together or are dating or formerly dating. In California, when a person commits a crime against his or her intimate partner, it will necessarily be treated as a domestic abuse crime, which means that if the defendant is convicted and granted probation, there are certain mandatory requirements that will be imposed.

Mandatory probation requirements must be fulfilled within the time that the defendant is on probation, which is at least three years. If the D.V. stalking charge was filed as a misdemeanor, the probation will be informal and will be formal if the charge was filed as a felony. Under either scenario, the defendant must not violate any additional laws or he or she will be subject to a probation violation, which will likely mean more severe penalties in the stalking case, even if he or she isn’t convicted of the new charge.

Once placed on probation for stalking an intimate partner, the defendant must go through the booking process if he or she hasn’t already done so. Booking involves being entered into a criminal database, photographed and fingerprinted. The defendant will also immediately be named as the restrained party in a criminal protective order, issued to prevent further stalking or other abusive behavior towards his or her intimate partner. Depending on the facts presented during the case, a judge may impose a residence exclusion, preventing the defendant from entering the intimate partner’s home, even if they live together, and will likely impose stay-away conditions.

Mandatory terms of probation in an intimate partner abuse case also require that the defendant pay a minimum of $200 to a domestic violence fund, which will be distributed to various agencies designated by the court.

Batterer’s classes will also be imposed on the defendant as a condition of probation. The defendant will be required to attend a two-hour class weekly for at least a year in the hope that he or she will learn to stop his or her abusive behavior. Drug and/or alcohol treatment may also be required, depending on whether the court heard evidence that the defendant has a substance abuse problem. The defendant will also be required to perform a certain number of hours of community service. In addition to the batterer’s classes, a defendant specifically convicted of DV stalking will also be required to go through a different type of counseling to try to help the offender curb his or her behavior.

In lieu of the maximum $1,000 fine that may be imposed as a penalty upon a misdemeanor conviction for stalking an intimate partner, and in addition to the minimum $200 payment required of all persons placed on probation for any intimate partner violence crime, a court may require the defendant to pay as much as $5,000 to a battered women’s shelter and/or to reimburse his or her intimate partner for any reasonable expenses that were incurred as a result of the defendant’s conduct with respect to the stalking charge.

Mandatory terms of probation may be slightly modified if it is within the interests of justice to do so. Before modifying, terminating or revoking probation, a judge will consider the defendant’s financial situation and his or her willingness and diligence in performing the required terms. A good criminal defense lawyer will help ensure that probation terms are only modified when that is in the best interests of his or her client. The experienced attorneys at the Kavinoky Law Firm treat each client with compassion and respect and do their best to help their clients though a difficult time. They help guide their clients through the probationary process with ease and as conveniently as possible. Click here for a free consultation.

Physical Abuse: The Most Common Type of Domestic Violence

California domestic violence takes place when an individual commits a crime against his or her intimate partner, parent or child. Intimate partners are married, divorced, have children together, live together or previously lived together, are dating or were formerly dating. Domestic abuse occurs when an individual tries to control another member of his or her family or his or her intimate partner through intimidation, threats and/or physical violence. Domestic violence occurs between heterosexuals and homosexuals and affects families from all social, economic, ethnic and religious backgrounds. The most commonly reported type of domestic abuse is physical abuse.

Physical abuse in a Domestic Violence situation occurs when an individual intentionally uses force or violence upon an intimate partner or other family member, attempting to cause injury, harm or pain. Some of the most common types of physical abuse include assault with a weapon, punching, hitting or slapping, kicking, tripping, shaking, pinching, biting or choking, spitting, restraining, hair-pulling and sexual abuse.

Sexual abuse is a type of physical abuse that is most frequently seen as a type of intimate partner abuse but can also be seen as a form of child abuse. Domestic violence statistics report that people who are physically abusive to an intimate partner are often sexually violent as well. Adult sexual abuse can be sexual assault, sexual harassment or sexual exploitation. Sexual exploitation takes place when an individual forces an intimate partner to participate in pornographic filmmaking or forces another to look at pornographic materials or other sexual materials that make the partner uncomfortable. Sexual harassment occurs when one makes unwanted sexual advances towards his or her partner to gain power over that individual. Sexual assault takes place when an individual forces his or her intimate partner to have any type of unwanted, unsafe or degrading sexual activity, whether intercourse is involved or not. Child sexual abuse occurs when any activity with a child is done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography.

Any type of physical abuse has detrimental effects on the abused, and children are often affected in even more damaging ways, which, according to statistics, may ultimately lead to an attempted suicide. Persons affected by domestic violence are often fearful, anxious, stressed and depressed. They are characterized as having low self-esteem and have trouble trusting others. Victims often feel isolated, angry and abandoned. As a result, many exhibit destructive behavior and begin abusing drugs and/or alcohol, turn violent themselves and/or often completely withdraw from others. Most victims, despite the abuse, remain with their abusive intimate partners, because following an abusive incident, the perpetrator is very apologetic and loving (which is known as the “cycle of abuse”) or because the victim feels hopeless and may suffer from a recognized psychological condition known as battered person’s syndrome.

Physical abuse, when perpetrated against one’s intimate partner or other family members, will be prosecuted in California as a crime of domestic violence which has serious consequences in addition to whatever crime was actually committed. For example, a battery charge carries certain penalties, but if committed against an intimate partner, it will have additional penalties, specific to domestic violence crimes, as well. The experienced criminal defense lawyers at The Kavinoky Law Firm specialize in California domestic violence law and have offices located throughout the state, enabling them to provide their exceptional representation to anyone in need. They participate in ongoing education and training seminars on intimate partner abuse that gives them a deep understanding of the issues and defenses that are frequently raised in and used in these special types of cases. Contact them today for a free consultation..

Battered Person’s Syndrome and Violation of a Protective Order

Battered Person’s Syndrome and Violation of a Protective Order

Violation of a protective order is a California domestic violence charge that can be brought against an intimate partner. Almost any type of relationship can be considered an intimate partnership. The couple may be married, divorced, cohabiting, have children together, or be currently or were formerly dating. The couple may be of the opposite or same sex.

An intentional and knowing violation of a protective order is a misdemeanor charge punishable by a maximum penalty of a one-year jail sentence and a $1,000 fine. Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. California courts can even punish an individual for violating an order in California that was issued in another state. If the accuser suffers a physical injury during the violation, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. In addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve mandatory jail time.

In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” – also known as “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 accuser 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.

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” (or, in this case, the protected party) refuses to testify. The prosecutor then argues that the individual has recanted the allegations because he or she 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 case where the defendant is charged with violating a protective order. 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.

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

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.

Hearsay and 911 Calls in a Domestic Battery Case

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 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 Resources for Victims of Child Abuse

Children are affected by domestic violence in a number of ways, regardless of whether they are the direct recipients of the abuse or witness abuse between their parents. Children who are raised in homes where incidents of domestic violence are commonplace have more emotional, physical and psychological problems than children who are raised in homes that are violence-free. As a result, these young victims require supportive, nurturing environments in which they can be assured that the abuse inflicted on them isn’t their fault and where they can be free to express themselves without fear.

California offers services, classes, protection and other resources for victims of child abuse and young victims who witness other acts of intimate partner abuse in their home. While dealing with a child who has been victimized can be overwhelming, the compassionate attorneys at the Kavinoky Law Firm can help. They have access to numerous resources for children and their parents and will give referrals for these resources that meet the individual needs of each family.

The national child abuse hotline at 1-800-4-A-CHILD or accessed on the web at www.ChildHelp.org is a great place to start for a parent trying to help his or her abused child, for an abused child or for a child at risk of being abused to seek guidance. The hotline is staffed 24 hours a day, 7 days a week and, thanks to interpreters, over 140 languages are spoken. Childhelp offers referrals to local community resources, literature, crisis intervention and information on emergency protection issues. They offer a variety of programs, including treatment at live-in facilities, which provide therapy, medical care and on-site schooling for severely abused children. The goal of these programs (and of Childhelp in general) is to provide a nurturing environment in which self-esteem and trust can be rediscovered in a child who has been victimized by child abuse and/or other forms of domestic violence.

Resources for child abuse can be readily accessed on-line and provide information on how to recognize abuse if is it suspected, where and how to report abuse, instructions on how to obtain emergency protective orders and other local referrals, depending on where one lives.

Local children’s courts may also be able to provide a list of local resources for both parents and children who have been affected by child abuse. In addition, many of these courts have Court Appointed Special Advocates (CASA) that may be able to offer suggestions on where to find additional information and may be able to refer parents and their children to classes for child victims and to classes for parents that teach a parent how to deal with an abused child, to therapists who specialize in working with abused children and to other organizations that may meet a particular family’s needs.

Defense Attorneys for Child Abuse Law

If a parent or anyone else suspects that a child may be suffering from abuse, either personally or by witnessing it, that adult must take action. Contacting a criminal lawyer is a good place to start to find out what legal and/or criminal action is possible. The trusted attorneys at the Kavinoky Law Firm will take the time to sit down and listen to a potential client’s questions and concerns. They specialize in California domestic violence law and, as a result, have the experience and training to help an individual tackle any D.V. related problem. When things are at their worst, the attorneys at the Kavinoky Law Firm are at their best! To discuss a child abuse case, please click here for a free consultation.

Battered Person’s Syndrome and Infliction of Injury

Battered Person’s Syndrome and Infliction of Injury

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

In this, as well as many other intimate partner 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 infliction of injury cases either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. Because this syndrome is frequently introduced in a domestic abuse trial, 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 is 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.

If the abused has committed a crime, battered person’s syndrome may be introduced as a defense in the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire 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 an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor argues, through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’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 infliction of injury case. They have successfully defended countless 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. Click here for a free consultation and to secure the best representation available.