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.

Mandatory Probation Requirements Imposed in a California Domestic Violence Criminal Threats Sentence

“Criminal threats” qualifies as a California domestic violence crime when the defendant threatens his or her intimate partner. Intimate partners are dating, were formerly dating, living together, have children together, married or divorced. They can be heterosexual couples or same-sex partnerships.

Criminal threats can be charged against a person who threatens to commit a crime against his or her intimate partner that will result in serious bodily harm or death to that partner if committed. If the partner reasonably feared for his or her safety as a result of the threat, the fact that the accused didn’t actually intend to carry out the threat is irrelevant. In addition, the form of the threat doesn’t matter, so long as the partner receives it and feels threatened.

If convicted for making criminal threats, the defendant faces up to one year in the county jail or state prison, depending on whether the charge was sentenced as a misdemeanor or a felony. In addition, if the offender is granted probation, he or she will face further penalties that must be imposed on any person placed on probation following a conviction for a California intimate partner abuse crime.

Probation for an individual convicted of making a criminal threat against his or her intimate partner will last for at least three years. Probation will be formal if the charge was sentenced as a felony or informal if it was sentenced as a misdemeanor. During that time, the convicted individual is responsible to follow through with certain specified conditions and must complete all requirements without further violating any laws.

Following his or her conviction for criminal threats and once placed on probation, the defendant must get “booked” within one week if he or she wasn’t booked prior to conviction. This means that the defendant must be fingerprinted, photographed and entered into a criminal database. A criminal protective order will also be immediately issued against the offender to prevent additional threats or abusive behavior towards his or her intimate partner. Depending on the facts that surrounded the charged incident, a judge may impose a residence exclusion and/or stay-away conditions.

D.V. convictions require that the defendant pay certain fines when convicted and placed on probation. The offender will be required to pay a minimum of $200 to various domestic abuse funds throughout the state. His or her ability to pay will be taken into consideration by the court when it imposes this condition.

A domestic violence criminal threats probationer must also attend a batterer’s class. The offender must attend at least 52 two-hour weekly classes and, depending on the circumstances that surrounded the charge and the defendant’s personal history, a judge may also order the defendant to attend a drug and/or alcohol program. A specified number of hours of community service will also be required.

Before a judge will modify, terminate or revoke probation, he or she will consider the defendant’s ability to comply with its terms and his or her willingness and diligence in doing so. If the court doesn’t think that the defendant is appropriately progressing, it may revoke probation, which means that the maximum one-year jail or prison sentence will likely be imposed. A skilled criminal defense lawyer will help keep these requirements to a minimum and will argue against modification or revocation if it is in the best interests of his or her client.

The attorneys at The Kavinoky Law Firm sympathize with their clients and treat each with compassion and respect. They will do their best to guide their clients through the probation process with ease, helping to ensure that each client completes his or her requirements as conveniently as possible. The experienced defense lawyers can answer questions about the penalties that result from a domestic abuse criminal threats conviction during a free consultation.

Classes and Resources for People Involved in Abusive Relationships

California courts typically issue protective orders in domestic violence cases involving intimate partners that bar an offender from committing specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Intimate partners may be married, divorced, living together, have children in common, dating or formerly dated and may be straight or gay.

Anyone who fails to comply with the court’s direction can be charged with violation of a protective order. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. If the violation results in physical injury to the accuser, the offender will serve mandatory jail time of at least 30 days, possibly up to one year, and the fine may rise to $2,000. California courts can even punish an offender for violating an order in California that was issued in another state.

California has taken a stand on intimate partner abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences that a defendant faces for violating a protective order that was issued to protect his or her intimate partner are severe because the state hopes to deter the offender from engaging in further illegal conduct.

In an effort to try to put an end to domestic abuse, 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 in numerous languages to people of every economic, ethnic and religious background and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer is 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.

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. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the individual who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside, keeping their identity confidential. The locations of these shelters are kept a secret from the public to 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 and develop their independence.

Individuals affected by domestic abuse can take comfort in knowing that help is available. “SAFE” (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and offenders and then lists several of the state’s programs under each category. The National Domestic Violence Hotline is another great resource both online and via telephone (1-800-799-SAFE). In addition, the compassionate, discreet and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs.

Domestic violence, in California, is defined as abuse that takes place against a spouse, former spouse, the person with whom one lives or lived, one’s significant other or former significant other, the person with whom one has children, one’s child or against anyone else who is related by blood or marriage within the second degree. The definition pertaining to domestic abuse seems to include almost everyone. Specifically looking at the last category, the definition seems to include a child’s abuse toward his or her parent. Unfortunately, while this type of abuse definitely exists, it receives very little attention and therefore leaves parents in this situation wondering if there is anything they can do about this problem or anyone they can turn to for legal advice.

The caring attorneys at the Kavinoky Law Firm specialize in California’s D.V. crimes and in all of the different types of cases that may be prosecuted under this category of offenses. Parents who find themselves facing this family violence problem can take comfort in knowing that help is available and that the supportive, compassionate attorneys at the Kavinoky Firm can lead a parent victim in the right direction.

Parents are often the silent victims of domestic violence. Spousal or intimate partner abuse is widely recognized, as is any form of child abuse. Parent abuse, however, often flies under the radar, even though it is as real and destructive as the other two categories of abuse. When a child, under the age of 18, engages in behavior that is intentionally harmful to his or her parent and is used as a way to control that parent, he or she is abusing that parent. The abuse, much like intimate partner abuse or child abuse, can be physical or emotional and takes place in families without respect to race, religion, education or financial status.

The parent-child relationship is not an equal relationship. It is a parent’s job to protect the child, to provide for the child and to discipline the child. Children require protection and direction from their parents. When this dynamic either flips or becomes nonexistent, it invites the potential for abuse. It should be noted that not all defiant or resistant behavior is abusive, as all children – and particularly teenagers – go through phases to show their independence. However, when the behavior is clearly intended to exert control over a parent either through violence, threats or manipulation, that parent is being abused and must seek help.

Physical parent abuse can take the form of hitting, punching, pushing, damaging the home (for example, punching a hole in the wall), or throwing things. This list is by no means complete, it is just a small example of the types of ways that a child may physically abuse his or her parent. Depending on the circumstances of the situation, this type of behavior may be considered criminal and could result in prosecution.

Emotional abuse, including verbal abuse, is used to terrorize or control a parent. It may include, but is not limited to, threats (either physical threats of violence or manipulative threats, such as threatening to commit suicide, run away, or to otherwise hurt him or herself with no intention of really doing so), degradation, lying, running away, yelling and swearing at the parent.

Financial abuse takes place when a child steals from his or her parents, sells his or her parent’s belongings or incurs debts that the parents are legally responsible for paying.

Parents who are being abused by their children can contact their local juvenile detention agency to see if they have programs that may be able to punish and rehabilitate their children. Resources are also available in the form of counseling and classes to help curb abusive behavior. Speaking with a criminal lawyer may also be helpful to determine if the abusive behavior is, in fact, criminal and what legal options are available. To speak to an attorney about parent abuse, click here for a free consultation.

Defenses to an Infliction of Injury Charge

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

The good news is that there are many effective defenses in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

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

In an effort to acquit the accused, the attorney must 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 an infliction of injury charge and know how to effectively communicate them to the judge and jury.

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

As stated above, an accused can be charged with infliction of injury even if he or she barely touched the intimate partner. When a victim sustains little 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 criminal responsibility. 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. Filing a false report allows the accuser to have the upper hand over the accused and is a way to exert power over one’s partner. 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 infliction of injury can have life-changing consequences, as the defendant’s reputation, livelihood, and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. Become a part of their success. Click here for a free consultation and for the best representation.

California Domestic Violence Criminal Protective Orders

A Criminal Protective Order is one of the different types of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who has been abused by an intimate partner may apply for a Criminal Protective Order to indefinitely aid in his or her protection against the abuser.

A Criminal Protective Order is the most permanent type of restraining order that California offers. When it is initially issued, it may last up to five years although, upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the victim has a reasonable fear that the restrained person will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidents of abuse are not necessary in order to get the order extended, and that the court reserves the right to modify the order if appropriate.

Under a Criminal Protective Order, a judge may prohibit an intimate partner abuse offender from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, or in any way contacting his or her partner or other specified people. The order could also exclude an offender from his or her home or from the home of his or her children. Additional specified behavior may also be prohibited under the court’s order.

If a victim of intimate partner abuse wishes to obtain a Criminal Protective Order, he or she must first file for a Temporary Restraining Order. A victim may request a Temporary Restraining Order “ex-parte,” which means that the partner does not need to be present. The order is usually granted the same day that it is requested and lasts until the “Order To Show Cause” hearing. An Order To Show Cause hearing takes place about two to three weeks after the Temporary Restraining Order is issued and allows both parties to explain why the order should be extended or revoked. Depending on the evidence presented after hearing from both parties, the judge may decide that a Criminal Protective Order is appropriate.

Whether an individual is the victim or the alleged abuser, hiring an attorney who is experienced in California domestic violence law can help either side get his or her desired outcome at the Order To Show Cause hearing. The victim desiring the order may want to hire an attorney who will help ensure that his or her imminent danger is effectively communicated to the court. The individual who is defending against the order should hire a criminal defense lawyer to make sure that the judge hears both sides of the story and doesn’t simply blindly process the order out of habit. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the criminal court process with their clients. Their reputation for treating their clients with compassion, discretion and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.

Eyewitness Accounts in a Sexual Battery Case

Touching another person for the purposes of sexual arousal can lead to a charge of sexual battery in California domestic violence cases among intimate partners. California law defines intimate partners as individuals who are married, divorced, living together, have children together, or who are dating or formerly dating. They can be heterosexual or same-sex couples.

Any type of physical contact, however slight, can be considered touching, regardless of whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner involved in an ongoing relationship. 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.

Because of the intimate nature of sexual battery, most offenses occur outside the presence of witnesses. As a result, many sexual battery cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Sexual battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the account, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced sexual battery charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’ criminal history to uncover any past conduct that could be considered relevant in weighing that witness’ credibility. A knowledgeable attorney will effectively cross-examine witnesses in a sexual battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the kiss of death to a defendant facing a domestic abuse charge. When facing a sexual battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at the Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win! Don’t hesitate to contact them today.

Alternative sentencing: Alternatives to jail or prison for an individual convicted of the California domestic violence crime of stalking his or her intimate partner

Stalking, will be prosecuted as a crime of domestic violence in California if the defendant willfully followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear. Intimate partners are married, divorced, dating, formerly dating, living together or persons who have children together. The laws apply to both heterosexual partners and same-sex partners. If convicted, the defendant faces up to a year in jail and up to a $1,000 fine if the charge was prosecuted as a misdemeanor or up to one year in prison if the charge was processed as a felony. Aggravating factors and/or certain prior convictions will likely result in a felony charge, raising the prison sentence to as many as six years. Regardless of how the crime is classified, additional penalties will also be imposed.

Alternative sentencing allows a defendant to stay out of jail or prison, so long as he or she abides by specific conditions imposed by the court. Alternative sentencing is not something that a judge or prosecutor offers to a defendant convicted of a crime, as it is up to a good criminal defense lawyer to advocate for it on behalf of his or her client. The outstanding attorneys at the Kavinoky Law Firm keep current on alternative sentencing options and the ways in which they can be used for persons convicted of D.V. stalking, which allows them to effectively argue for specific alternatives to imprisonment.

Alternative sentencing can vary in supervision, in time commitment and in intensity. Some common alternatives to jail or prison that might be imposed when an individual has been convicted of stalking his or her intimate partner in a domestic abuse case include electronic monitoring or house arrest, probation, counseling for any number of issues, including domestic violence and/or substance abuse and making restitution to the intimate partner, if possible. Although these alternatives are the most commonly used, they are by no means all of the options available to a defendant. A creative attorney may suggest different alternative sentencing options that are tailored directly to his or her client’s needs and that may help rehabilitate the defendant’s behavior in a more effective way than incarceration would. It should also be noted that in a DV stalking case, a court might on its own decide that the Department of Corrections should evaluate the defendant for placement in a state mental hospital if it believes that the rehabilitation of the defendant would be expedited in such an institution.

Courts will take into account a variety of factors when considering whether to impose an alternative sentence when requested. Drugs and/or alcohol, the defendant’s prior criminal history, mental illness and mitigating or extenuating circumstances will all factor into a judge’s decision when he or she weighs the pros and cons of imposing an alternative to jail or prison. The experienced attorneys at the Kavinoky Law Firm will vigorously advocate for their clients and know which circumstances and facts will be likely to persuade a court to grant their request for alternative sentencing. Because of their unparalleled advocacy skills, they have received alternative sentences for many of their clients who were charged with stalking an intimate partner.

Alternative sentencing can be the key to ensuring that an individual convicted of stalking his or her intimate partner maintains his or her liberty and freedom. A stalking charge prosecuted as an intimate partner abuse crime can be a life changing event. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. The attorneys at the Kavinoky Law Firm will fight for their clients by proposing creative alternative sentencing options that will keep their clients out of jail or prison. They specialize in crimes of domestic violence and know what it takes to win. Click here for a free consultation.

Sex offender management through the Department of Justice: How a registered sex offender convicted of stalking his or her intimate partner in California will be tracked

Domestic violence laws, in California, apply to all crimes committed against one’s intimate partner. Intimate partners are defined as heterosexual or same-sex partners that have children together, are living together, are married, divorced, dating or formerly dating. It therefore follows that if an individual harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear for his or her safety, he or she will be charged with stalking as a domestic abuse crime. If convicted, absent any aggravating factors or specific prior convictions, he or she will face up to one year in jail and up to a $1,000 fine if the charge was handled as a misdemeanor or up to one year in prison if the charge was treated as a felony. In addition to several additional penalties, the defendant may be ordered by the court to register as a sex offender if the court determines that the stalking was motivated by sexual desire or gratification.

Once an individual has been ordered to register as a sex offender and prior to being placed on probation or released from jail or prison, he or she will receive written notice about how to register. The Department of Justice (DOJ) receives a copy of that notification as well so that it knows who is required to register and can ensure that he or she promptly does so.

Sex offenders must update their personal information yearly, within five days of their birthday. If, however, a registered offender changes his or her name or moves after a scheduled update, he or she must notify his or her local law enforcement agency within five days. Transients (people who do not have a permanent legal address) and those labeled “sexually violent predators” will be required to update their information more frequently.

Local law enforcement agencies pass the offender’s information on to the Department of Justice’s Violent Crime Information Network. The information is then stored and maintained and, under certain circumstances, posted on the Internet for public viewing. The Department of Justice updates their database daily, based on the information it receives from its reporting law enforcement agencies, and keeps track of each individual’s reporting date and of any violations that he or she committed with respect to keeping those dates.

The Office of the Attorney General at the Department of Justice operates a website, which may be found at www.MegansLaw.ca.gov. Once the DOJ has an individual’s information, it will be available for public viewing on that website. Depending on the specific sex crime that the individual committed, his or her full address and other relevant information or his or her zip code and other relevant information will be accessible. However, about 25% of all registered sex offenders will not appear on the website because they committed “less serious” sex offenses and therefore may legally be excluded from public disclosure.

Sex offender management is one of California’s priorities. California was the first state to enact sex offender registration laws and is one of the toughest on its offenders. This state also leads the way in protecting victims of intimate partner abuse and in holding their assailants accountable. With such severe penalties facing an individual charged with stalking his or her intimate partner, it is critical that the accused hires a skilled criminal defense lawyer immediately upon an allegation. The outstanding attorneys at the Kavinoky Law Firm have successfully defended countless individuals charged with D.V. stalking because they are familiar with and understand all of the evidentiary issues and defenses that are relevant to this crime. One’s freedom, family and reputation are too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.