Domestic battery is a California domestic violence offense that applies to intimate partners. The offense is also referred to as “spousal abuse” or “spousal battery.” Intimate partners include heterosexual or homosexual couples and those who are married, divorced, living together, have children in common, or are dating or formerly dated.

Battery is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Even the slightest force, or any unwanted touching, can result in a domestic battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of domestic battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of domestic battery and has been previously convicted of this same charge, he or she will most likely be ordered to serve at least 48 hours in county jail. This is another reason why it is so important for an accused – especially an accused who has a prior battery conviction – to retain legal counsel who has experience dealing with California intimate partner abuse cases. Without a competent attorney, a defendant will definitely serve the mandatory time in jail upon a second conviction. However, a skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

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

When facing a domestic battery charge – especially when one has a history of prior domestic abuse – it is imperative to hire a qualified criminal defense attorney who is not only familiar with all of the issues that frequently arise with this charge, but who is also familiar with all of the issues that prior acts of domestic violence raise. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this specific area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Domestic battery, which is sometimes called “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. Intimate partners aren’t limited to married couples; they may be heterosexual or homosexual and could be divorced, living together, have children in common, or be dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence upon an intimate partner can face a battery accusation, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. A defendant can be charged with this offense even if he or she used only the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, such as a broken bone, the battery will rise to a felony, which carries a maximum of four years in state prison.

Because of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many 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.

Domestic 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 incident, 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 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’s criminal history to uncover any past conduct that could be considered relevant in weighing the credibility of that witness. A knowledgeable attorney will effectively cross-examine witnesses in a 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 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 various 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 for their client! Don’t hesitate to contact them today. Click here for a free consultation and for the best representation.

Stay Silent

A California domestic violence conviction can bring probation, heavy fines and even a jail or prison sentence. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California criminal defense lawyer immediately after an arrest to protect a suspect’s rights during questioning. An experienced attorney from The Kavinoky Law Firm knows how to effectively do just that. The attorney will help ensure that only appropriate questions are answered and that the answers given are in the best interests of the accused.

When arrested on any criminal charge, the arrested party has the “right to remain silent” so as not to incriminate oneself. This is commonly referred to an individual’s “Miranda rights”. Miranda rights are supposed to be read to anyone that the police question during a custodial interrogation. A custodial interrogation means that the individual being questioned doesn’t feel free to walk away or leave during the questioning. Miranda rights basically inform the suspect that he or she has the right to remain silent and that any words spoken may be used against him or her as evidence of guilt at trial.

Exercising one’s right to remain silent or to obtain legal counsel, cannot be held against the accused court. When an officer begins questioning the suspect, it is crucial that the suspect politely informs the police that he or she will not make any statements until his or her criminal defense lawyer is present. Because California takes intimate partner abuse so seriously, having an experienced criminal lawyer protecting the accused’s rights during questioning can make all the difference in the outcome of the trial. A well-trained attorney knows how to intervene during questioning to make sure that his or her client does not answer any questions that will only elicit incriminating responses and also knows how to make sure that the client’s side of the story is told.

Although Miranda rights advise a suspect that any statements that he or she makes from that point on may be used against him or her, the fact is that any previous statements made by the suspect may also be used against the individual in court. One of the most important things that a suspect can do is to remain silent from the moment the police arrive. Assume that everything is either being audiotaped or recorded on video even if there is not a visible recorder. Many times police have undetectable microphones and/or video recorders and everything that a suspect says or does is recorded. Remain silent at all times, even if there is no one else around, until an attorney is present.

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners – cohabitating couples, former spouses or fiancés/fiancées, people who are or were dating, people who have children together, and same-sex partnerships. It is the very nature of these relationships that give rise to highly charged, emotional disputes that can, unfortunately, sometimes spiral out of control. It is imperative that when this happens, the accused hires a competent attorney who can immediately begin defending him or her during an interrogation. A qualified, experienced attorney from The Kavinoky Law Firm will guide the defendant through all phases of the criminal court process and will ultimately make sure that the judge and/or jury not only hear the accused’s side of the story, but believe it as well. Click here for a free consultation.

The Effects of Domestic Violence on Children

According to California domestic violence law, domestic violence is defined as any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

Willful infliction of injury, also known as “spousal abuse,” is a California domestic violence offense that can be applied to any type of intimate partners. This can include couples who are married or divorced, living together or formerly living together, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

Every crime has specific “elements” (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 infliction of injury, the prosecutor must prove three elements.

The first element is that the defendant inflicted bodily injury upon his or her intimate partner. This means that the “victim’s” injury resulted from direct force applied by the accused. It doesn’t matter how slight the force was, only that some amount of force was used.

The second element that must be proved is that the infliction of injury was willful. “Willful” means that the individual had the willingness to inflict force. Willingness has nothing to do with the amount of force used or the physical result of the force; it only deals with the willingness to simply carry out the act. In a situation where the accused willfully used force in self-defense or in the defense of others, he or she is not guilty of this crime. It is the prosecutor’s burden to prove that the willful force was unlawful and not for one of the reasons stated above.

The final element of this charge is that the injury resulted in a “traumatic condition.” A traumatic condition means that the accused’s force caused an external or internal injury to his or her partner. The injury could be minor or serious. Basically, this means that any injury, no matter how slight, that wasn’t there before the defendant applied the force to his or her partner’s body will qualify.

Remember, in order to convict a criminal defendant on any charge, the prosecutor must prove every element of the crime beyond a reasonable doubt. In addition, a criminal conviction requires that all twelve members of the jury must be convinced that the charges are true. That means that if just one juror isn’t completely convinced of the defendant’s guilt, the jury cannot return a conviction. An experienced criminal defense lawyer will aggressively defend the accused partner’s rights and sow the seeds of reasonable doubt in the minds of jurors.

An infliction of injury 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 defense attorney 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 domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.

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

Because the extent of the injury can be almost nonexistent in an infliction of injury case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of “he said, she said” unless there is some physical evidence of the abuse. Common types of physical evidence in an infliction of injury case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothes and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into an infliction of injury trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Facing an infliction of injury charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect. They are kept up-to-date on domestic abuse evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and the best representation.

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with 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.

When a suspect is arrested on a sexual battery charge, 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 victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

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 on his or her own recognizance (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. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring 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 typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail 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” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t 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 domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. 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.

Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with 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.

When a suspect is arrested on a sexual battery charge, 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 victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

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 on his or her own recognizance (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. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring 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 typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail 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” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t 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 domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. 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.

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.

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..