Infliction of Injury

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.

Domestic Violence Protective Orders

In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

Under domestic abuse law, temporary and permanent restraining orders specifically prohibit an individual from engaging in specific acts of abuse, returning to his or her home and/or acting in a manner specifically forbidden in the order. The orders protect all victims of intimate partner abuse. California offers four types of protective orders that apply to domestic abuse situations:

• Emergency protective orders
• Temporary restraining orders
• Criminal protective orders
• Civil harassment restraining orders

An emergency protective order is issued by the court when, based on a law enforcement officer’s assertions, it finds that reasonable grounds exist to believe that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence. An emergency protective order is valid between five and seven days.

A temporary restraining order (commonly called a TRO) is an order that is issued by a judge and instructs the restrained party to stop the abuse or face serious legal consequences. Unlike an emergency protective order that is issued based on an officer’s belief that it is necessary, a victim may personally apply for a TRO if he or she believes that protection is immediately necessary. The individual may apply for the TRO “ex-parte,” which means that the partner doesn’t need to be present. The temporary order will last up to 15 days, or until the protected party is assigned a court hearing, which will usually be set about three weeks out.

Longer protective orders are available after the victim has a court hearing and can last up to five years. These orders are designed to keep an abuser from threatening, harassing, or abusing his or her partner. Upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the protected party has a reasonable fear that the partner will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidences of abuse are not required in order to get the order extended.

Civil protective orders are similar to the above three criminal orders, except that they are issued by a civil judge, not a criminal judge. The orders may include the same restrictions as the other orders but usually expire on a specified date. If the order has not been dated, it expires three years after it was issued. It is a good idea for a victim to ask for both types of orders (criminal and civil) because the criminal order may expire under certain circumstances while the civil order does not terminate until its specified date.

A protective order issued against an accused severely impacts the relationship with his or her spouse, children, family and friends. If found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer will investigate the criminal charge and help explain the accused’s side of the story. The experienced attorney will expose false charges, highlight discrepancies between witness accounts and address any extenuating circumstances that may have led to the violation.

If a victim is seeking a protective order or an accused needs to defend against a protective order, the experienced attorneys at The Kavinoky Law Firm are invaluable. They have successfully helped countless individuals navigate through the criminal justice system with ease, treating each client with compassion and respect. Click here for a free consultation.

Prior Convictions and Sexual Battery

Sexual battery can be charged in a California domestic violence case involving intimate partners. The term ‘intimate partners’ applies to any couple – heterosexual, same-sex, married, divorced, living together, and individuals who have children in common or are dating or formerly dating.

Sexual battery is a California domestic abuse law known as a “wobbler” because it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another 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.

In a sexual battery case, any physical contact can be considered “touching,” whether it occurs directly or through the clothing of one of the individuals involved. Even a partner involved in an ongoing intimate relationship can face sexual battery charges in California.

When charged as a misdemeanor (with no aggravating circumstances), sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail term 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.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of sexual 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 the defendant has a prior conviction for sexual battery and, in the pending case, the accused commits another sexual battery under certain conditions listed above (while the intimate partner is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious) and the intimate partner was a minor (a person under 18) at the time of the alleged offense, he or she will automatically be charged with a felony punishable by at least two years in state prison and possibly up to four. In addition, he or she will still face up to $10,000 in fines. It is also worth mentioning that an individual who commits a sexual battery against a minor will likely face additional criminal charges as well and should immediately contact an attorney upon an accusation.

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 (any prior acts, sexual battery or otherwise) 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.

This is another reason why it is so important for an accused – especially an accused who has a history of prior domestic abuse – to retain legal counsel that has experience dealing with California intimate partner abuse cases and is 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 sexual battery charges. They receive ongoing education and training in this specific area of the law, which is directly responsible for their outstanding results. An experienced defense lawyer can answer any questions about a sexual battery charge in California domestic violence case during a free consultation.

Cyber stalking as an increasing form of domestic violence stalking

In California, domestic violence laws apply to all crimes committed against one’s intimate partner. An intimate partner is the person with whom one has children, the person with whom one lives, a spouse or former spouse, a significant other or a former significant other. The laws apply to all partners, regardless of their sexual orientation. Because of these laws, if an individual follows or harasses and makes a credible threat against his or her intimate partner, he or she will be charged with stalking as a domestic abuse crime. A “credible threat” is a threat that is intended to place its recipient in fear and has the apparent ability to be carried out. If the form of the threat is communicated electronically, either through the Internet, an e-mail or via any other electronic communication device, the charge will be referred to as cyber stalking and the defendant will face significant jail or prison time and a host of other probationary requirements which are the consequences imposed in a stalking conviction.

Cyber stalking is a growing problem in this nation. It is not another form of stalking, it is simply one way to stalk an intimate partner. Evidence suggests that the majority of cyber stalkers are men stalking women, however there have been cases where the cyber stalkers are either women stalking men or persons of the same sex cyber stalking each other. Unfortunately, the Internet has made stalking easier for an individual, who may otherwise have been unwilling or unable to confront an intimate partner in person, to threaten, terrorize or harm that partner. The privacy that one has when writing an e-mail or when using the computer encourages an individual to freely send harassing or threatening messages without physically confronting his or her victim. In addition, a cyber stalker isn’t limited by proximity to his or her intimate partner, as electronic communications can be sent across the street or across the world.

Although cyber stalking can be relatively harmless, even when extremely aggravating – an example is if the cyber stalker regularly infects his or her intimate partner’s e-mail with viruses – it can also be even more alarming and potentially dangerous than offline, in-person stalking. A cyber stalker could pose as his or her intimate partner on different websites or chat-rooms, and post statements and/or personal information that may elicit horrifying responses and/or actions directed at the intimate partner. For example, the first cyber stalking case prosecuted in Los Angeles involved a man who posed as his victim, posting her address and telephone number on a variety of websites, claiming that she fantasized about being raped. As a result, many men went to her house to fulfill that fantasy. Clearly, the anonymity that the Internet provides can prove deadly to a stalking victim. The inability to readily identify the cyber stalker could be excruciatingly frustrating to the victim and may further encourage the stalker to continue his or her behavior on a more regular basis, using more methods and in more frightening ways.

When charged with cyber stalking an intimate partner, it is imperative that the accused contacts a criminal defense lawyer who has experience with stalking and all of the evidentiary issues and defenses that coincide with this crime. The outstanding attorneys at the Kavinoky Law Firm specialize in intimate partner abuse crimes, including stalking an intimate partner, and will aggressively defend their clients with skill and integrity. They know that most crimes of domestic violence arise out of highly charged, emotional relationships that always reveal at least two sides to the story and will ensure that their client’s version is considered by all. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. Click here for a free consultation.

Trial considerations that may affect a California domestic violence stalking case

California’s domestic violence laws apply to all crimes where the victim of the crime is an intimate partner of the perpetrator of the crime. Intimate partners are persons who are married, divorced, living together, have children together, dating or formerly dating. Intimate partners may be heterosexual partners or same-sex partners. Although the crime of stalking doesn’t have to be a domestic abuse crime, if committed against one’s intimate partner, it will be prosecuted as such.

Stalking may be filed as an intimate partner abuse crime if the suspect followed or harassed his or her intimate partner and threatened that partner, placing that partner in fear for his or her safety or for the safety of his or her family. Depending on the circumstances that surrounded the charged incidents, the crime may be filed as a misdemeanor or as a felony. When a defendant is charged and knows the penalties that he or she faces, he or she must decide whether to accept the charge or whether to take the case to trial. If he or she decides to take the case to trial, there are certain evidentiary issues that frequently arise in almost all domestic violence related cases, including D.V. stalking. The experienced attorneys at the Kavinoky Law Firm are familiar with and know how to effectively deal with any of the following trial issues should they come into play in a stalking trial.

Physical evidence can play a major role in a stalking case. Physical evidence includes evidence that can be seen (like a video recording or an injury), heard (like an audio recording) or scientifically analyzed (like DNA). If and when it exists, physical evidence can help to convict or acquit the accused, depending on what it reveals.

Eyewitness testimony may also be helpful in proving or disproving one’s innocence in a stalking trial. If someone other than the alleged victim were present during one of the alleged stalking incidents, he or she would be able to provide information that could either lead a jury to believe that the accused violated the law or that his or her actions were, in fact, lawful. A skilled criminal defense lawyer knows how to examine or cross-examine an eyewitness to elicit testimony that will ultimately favor his or her client’s side of the story.

In an intimate partner violence trial, the prosecution frequently tries to introduce hearsay evidence, including 911 calls. When such is the case, it is up to a good defense attorney to either argue for their exclusion or to downplay their significance. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this type of evidence and understand how to handle it when it becomes an issue in a stalking trial.

Recanting victims and battered person’s syndrome are commonplace in domestic abuse trials. When the alleged victim recants his or her story, an expert witness is usually called by the prosecution to testify that the witness has recanted because he or she suffers from battered person’s syndrome.

The laws of evidence that pertain to stalking and, more specifically, to stalking charged as a California domestic violence crime, are technical and complex. In order to put forth the best possible defense, it is imperative that a defendant contacts the unparalleled criminal defense attorneys at the Kavinoky Law Firm who have successfully defended countless individuals from domestic abuse crimes. They receive training in this specific area of the law, which is directly responsible for their outstanding results. Click here for a free consultation and for the best representation.

Violating a Protective Order

Protective orders are issued by courts in California domestic violence cases to prohibit an offender from committing specific acts of abuse, re-entering his or her own home or even behaving in a certain way. Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws.

Domestic violence laws apply to any type of intimate partners – whether they are married, divorced, cohabiting, have children in common, dating or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Any violation of a protective order is a misdemeanor punishable by a maximum sentence of one year jail time and a $1,000 fine. If the violation results in physical injury to the alleged victim, 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. California courts may even punish an offender for violating an order in California that was issued in another state.

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

The first element is that the court issued an order that prohibited the defendant from taking a specific action. In order to prove this element, the prosecution must only show that the court issued an order, which is available in the court file. The second element is that the order was issued in a domestic violence case (which means that the named parties were intimate partners), prohibiting the accused from certain conduct. The third element is that the defendant knew about the order and what it said. The prosecutor doesn’t have to prove that the accused actually read the order, only that he or she had the opportunity to read it or to learn about its contents. The fourth element is that the defendant had the ability to follow the order. This means that he or she didn’t face an obstacle that made it impossible to follow the court’s instructions. The final element that the prosecutor needs to prove is that the accused willfully violated the court’s order, which means that the violation wasn’t the result of a mistake or an accident.

In addition, if the prosecution alleges that the defendant’s violation of the court order resulted in physical injury to the protected party, the prosecutor must prove an additional element that states that it was the accused party’s violation of that specific order that caused the victim’s injury.

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

Domestic battery, also called “spousal battery” and “spousal abuse,” is a California domestic violence offense involving intimate partners. The term “intimate partners” can include individuals who are heterosexual or homosexual, who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Under California law, domestic battery is a “wobbler,” which means that the offense can be charged as either a misdemeanor or a felony depending on the facts of the case. Willfully and unlawfully inflicting force or violence upon an intimate partner is typically charged as misdemeanor battery 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. Any unwanted physical touching could lead to a battery charge.

However, if serious bodily injury occurs, such as broken bones, loss of consciousness or a concussion, the offense likely will be charged as a felony punishable by a maximum of four years in state prison.

When an individual is convicted of this domestic abuse crime, there are several mandatory penalties that will be imposed, and other penalties that may be imposed. One of the possible consequences that a defendant convicted of battery may face is a restriction on his or her professional license.

Under California law, a licensing board may suspend or revoke a 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. It does not matter whether the conviction was the result of a jury trial, a Guilty plea, or a No Contest plea. This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards that maintain their own standards and practices related to disciplining their license-holders that may be even more restrictive.

In order to defend against a professional license restriction, it is very beneficial to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a domestic battery conviction (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney will recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

If either facing a battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at The Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! To discuss a potential professional licensing restriction, or any other legal matter, click here for a free consultation.

Domestic violence and the military

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: cohabiting couples, former spouses or fiancés/fiancées, people who are or were dating, and same-sex partnerships. The military, however, limits intimate partners to current spouses and has their own way of handling the problem. Although most military cases involve husbands abusing wives, there are cases where the husband is the victim.

A family abuse case will usually go one of two ways if a member of the military is involved: The case will either be handled by the military justice system or by the Family Advocacy Program.

Under the military justice system, the military commander is in charge of enforcing order and discipline. He or she does so within each unit by using methods ranging from mild administrative measures, including formal or informal counseling, to full-blown General Court Martial, where an individual can be sentenced to severe disciplinary action, including military discharge. This system is penalty driven.

The more common route, the Family Advocacy Program, is an identification, intervention, and treatment program, not a punishment system. It should be noted that information obtained under the Family Advocacy Program may be used as evidence in the military justice system if the case isn’t first settled within the program.

Under family advocacy, military officials assess the alleged abuser to determine whether the individual would benefit from treatment and, if so, what treatment would be appropriate. As for the victim, an advocate is assigned to assess his or her safety and to help develop a safety plan for the family. Throughout the process, victim advocates ensure that the victim’s medical, mental health and protection needs are being met.

In a number of situations, spouses have reported being afraid to report abuse because of financial concerns about the implications of a discharge. Federal law has taken that into account and has set aside financial protections for spouses and children of members of the military who are discharged for committing domestic violence crime.

Although a domestic abuse conviction can end a service member’s military career, it doesn’t have to. Department of Defense officials state that most military spousal abuse is reported early, when chances of successful treatment are good. Some abusers even self-report before the problem becomes chronic or severe. Taking quick action means that an abuser’s military career isn’t necessarily impacted.

The bottom line is that the military is taking a stand against intimate partner abuse. For years, victims of abuse by members of the military complained that they weren’t taken seriously or that their complaints were “swept under the rug.” This is no longer the case. The military is following the rest of the nation in trying to combat this epidemic. Domestic violence victims are now being heard and abusers, whether civilians or military personnel, are being held accountable.

For more information, please contact The Kavinoky Law Offices for a free consultation about this or any other criminal matter. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best!

Prior Convictions and Violating a Protective Order

Prior domestic violence convictions can increase the penalties of a California conviction for violation of a protective order. Protective orders are issued by the court in domestic abuse cases involving intimate partners, and prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Under California law, any relationship is considered an intimate partnership – heterosexual and gay couples who are married, divorced, cohabiting, have children in common, or who are currently or formerly dating.

Intentional violation of a protective order is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the accuser suffered physical injury, the offender faces mandatory jail time of at least 30 days and the fine may rise to $2,000.

A one year jail sentence is the maximum amount of jail time that a defendant convicted of violating a court order could possibly serve. Absent physical injury to the protected party, the law says nothing about mandatory jail time for an offender. This means that 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 violating a protective order and has been previously convicted of violating a court order, he or she will likely serve mandatory jail time. If the defendant’s current case involves an act of violence or a credible threat of violence and he or she has a prior conviction for a violation of a protective order that occurred within seven years of the current case, he or she faces up to one year in jail or prison. Although there is no mandatory jail or prison sentence with these facts, the court will most likely issue a sentence that includes jail or prison time, because it will reason that the defendant should have known better, having previously been in a similar situation.

Similarly, if the accused is convicted of violating a protective order that resulted in physical injury to the protected party and he or she has a prior conviction for violating a protective order within one year of the current case, he or she will face at least six months in jail or prison, possibly up to one year, and a fine of up to $2,000. There are circumstances, however, where the defendant would only have to serve 30 days in jail, which is another reason why it is important to have professional legal representation. 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 abuse 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 is 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 charged with violating a protective order – especially when one has a history of prior violations – it is imperative to hire a qualified criminal defense attorney who is familiar with all of the issues that prior acts of domestic violence raise. The attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. A skilled defense lawyer can answer any questions about a California domestic violence charge during a free consultation.

Consequences of Conviction for a Domestic Violence Charge

Typically, domestic violence charges will consist of violations of Penal Codes §§ 273.5 and/or 242 and 243(e). However, there are a variety of charges that fall under the category of domestic violence. The consequences of each crime are different. If you have been charged with any domestic violence offense(s), please contact a criminal defense attorney today to determine your best defenses.

Infliction of Injury. California Penal Code §273.5. If you willfully inflict any injury, no matter how minor, upon the body of an intimate partner, you can be charged with a felony. If convicted, you will face up to four years in prison and/or a fine of $6,000. If you were convicted of a domestic violence charge within seven years of this conviction, you will be guilty of either a misdemeanor or a felony. As a result, you face up to five years in state prison and or a fine of up to $10,000.

Battery. California Penal Codes §§242, 243(e)(1). According to California law, “a battery is any willful and unlawful use of force or violence upon the person of another.” If you are found guilty of this misdemeanor, you will be subject to a $2,000 fine and/or up on one year in the county jail.

Sexual Battery. California Penal Code §243.4. If you touch an intimate part of another person against the will of the person and the touching is for the purpose of sexual arousal, you are guilty of sexual battery. This crime is a wobbler, meaning that you could be charged with a misdemeanor or a felony; and you may face up to four years in state prison and a fine of up to $10,000.

Violation of Protective Order. California Penal Code §273.6. If you intentionally violate a protective order of the court, you can be charged with a misdemeanor. You could be punished with a fine of up to $1,000 and/or imprisonment in the county jail for one year. If this violation of a protective order results in physical injury, you will be punished by a fine of up to $2,000 and/or a jail sentence for up on one year.

Intimidating an Intimate Partner or Witness. California Penal Code §136.1. If you prevent or dissuade or attempt to prevent or dissuade your partner or any witness from attending or giving testimony at trial or any court proceeding, or if you try to dissuade or prevent someone from making a report of victimization or seeking the arrest of someone in connection with that victimization, your actions can result in a felony or misdemeanor charge.

Where these acts are accompanied by force or by an express or implied threat of force or violence or where the act is in furtherance of a conspiracy or for pecuniary gain, you can be charged with a felony punished by up to four years in state prison. It is not a defense for this crime that no one was physically injured or actually intimidated.

Criminal Threats. California Penal Code §422. You can be charged with a crime if you threaten to commit a crime that will result in death or great bodily injury, whether it’s made verbally, in writing or by means of an electronic communication device even if there’s no intent to actually carry out the act. The only requirement for this crime is that a reasonable person is fearful for his or her own safety. A criminal threat is a wobbler, meaning that you could be convicted of a misdemeanor or a felony.

Stalking. California Penal Code §646.9. If you willfully, maliciously and repeatedly follow or harass or make a credible threat toward another person, you can be charged with stalking. Stalking can occur even if you do not have, nor ever had, a relationship with the other person. This crime is a wobbler, which means that you may be convicted of a felony or a misdemeanor.

You will be charged with a felony if you stalk someone while there is a protective order in place. The punishment for this felony is up to four years in state prison. Additionally, if this is your second stalking conviction and your first stalking conviction was a felony, you can be charged with a felony stalking count and you may be sentenced to five years in prison. As if the prison sentence isn’t bad enough, a felony stalking conviction can haunt you for the rest of your life: The court may order you to register as a sex offender.

Expunging a Domestic Violence Conviction.

If you’ve already been convicted of a domestic violence offense, there are things that can be done to positively impact your criminal record. Expungement of a domestic violence conviction, just like expungement of other criminal offenses, is possible. In any case in which probation has been granted, whether a misdemeanor or a felony domestic violence case, it may be possible to withdraw the guilty or no contest plea, or a verdict of guilty, and replace with a not guilty plea and dismiss the complaint. This is pursuant to California Penal Code section 1203.4. In felony cases where a state prison term was imposed, the only relief available is either through a Certificate of Rehabilitation and Pardon, or a direct application to the Governor for a Governor’s Pardon. There are also serious considerations relating to firearms rights for anyone convicted of a domestic violence crime. Getting a record restored following a domestic violence conviction, or any criminal conviction, is a sensitive undertaking, and it is vital to confer with a skilled criminal defense lawyer who understands and appreciates the legal complexities of expungements associated with domestic violence charges.

No matter what charges you are currently facing, a skilled criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word. A domestic violence criminal defense lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.