Professional license restrictions and their relationship to a California criminal threats domestic violence conviction

“Criminal threats” may be charged against an individual who threatens to commit a crime against someone that, if committed, would result in serious bodily injury or death to that person. When the person receiving the threat is the intimate partner of the person making the threat, the crime will fall under California’s domestic violence law. Domestic violence encompasses all crimes where the “victim” of the crime is an intimate partner of the offender. Intimate partners include persons who are married, divorced, dating, formerly dating, living together and who have children in common. These laws apply to same-sex partnerships and heterosexual couples. If, as a result of the threat, the intimate partner reasonably feared for his or her safety, regardless of whether the individual issuing the threat had any actual intent of seeing it through, a criminal threats charge would be filed and prosecuted as a domestic abuse crime, punishable as either a misdemeanor or felony by up to one year in county jail or state prison.

While many would assume that a jail or prison sentence would be the most severe punishment that an individual would face following a conviction for a D.V. related criminal threats conviction, there may be situations where they would be incorrect. California law allows a licensing board, under certain circumstances, to suspend or revoke an individual’s professional license upon a criminal conviction, which could, in effect, end an individual’s career. It is this type of situation that could potentially be more severe than imprisonment, as one’s livelihood could be threatened. Professional legal representation can help fight against such a restriction arguing, that in most cases, such a restriction would be illegal.

California law permits a suspension or the revocation of one’s professional license by the licensing board that issued the license if the license holder has been convicted of a crime that substantially relates to the duties, functions or qualifications of that individual’s profession. This restriction may be imposed following a guilty plea, a “no contest” plea, a verdict in a jury trial or a trial by judge and make take effect as soon as the defendant’s timeframe for appealing his or her conviction has lapsed, once his or her conviction has been affirmed on appeal or when he or she is placed on probation. Some professional boards maintain private standards that are even more restrictive with respect to disciplining their license holders.

Restrictions on one’s professional license can have a devastating impact on one’s career, family and life. In order to best defend against such a restriction, it may be beneficial to hire a skilled attorney who can make a case against its applicability. An attorney has the resources and knowledge to defend against a prejudiced board that tries to impose a restriction on one’s professional license that is, simply put, illegal and sought out of a desire to inappropriately punish an otherwise competent professional. A lawyer would likely be able to prove that a conviction for an intimate partner abuse case such as making criminal threats is not substantially related to the qualifications, functions or duties of the license holder’s profession.

When arrested for making a criminal threat against an intimate partner, it is imperative that the accused immediately hires a criminal defense lawyer who is familiar with domestic violence crimes, their special issues and their potentially overwhelming consequences. The experienced attorneys at the Kavinoky Law Firm have successfully defended many individuals who were charged with criminal threats and, in turn, have helped them keep their careers, families and freedom.

Hearsay and 911 Calls in a Violation of a Protective Order Case

Hearsay and 911 calls can be entered as evidence in violation of protective order prosecutions and other California domestic violence offenses involving intimate partners. California law defines intimate partners as heterosexual and gay individuals who are married, divorced, living together, have children together, or who are currently or were formerly dating.

Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor, which is punishable by a maximum penalty 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 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.

With these consequences, violating a court order is a serious accusation. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at The Kavinoky Law Firm have successfully defended countless individuals who were charged with violating a protective order issued to protect their intimate partners. The attorneys receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions. Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases.

This exception admits into evidence statements made by the protected party at the time when he or she was experiencing or witnessing the violation that is the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy.

Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the protected party’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at The Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a violation of a protective order case. A knowledgeable defense lawyer can answer any questions about a California domestic violence charge during a free consultation.

The types of child abuse that will be prosecuted under California’s domestic violence laws

Child abuse, defined under California’s domestic violence laws, is any abuse, including physical, sexual, emotional abuse or neglect, that is directed as one’s child, under the age of 18, whether the child is personally the victim of the abuse or whether he or she is a witness to the abuse that is taking place in his or her home.

Child abuse is, unfortunately, a rapidly growing problem in this country and California is among the toughest states on child abusers. It exists in all parts of the country and occurs in homes regardless of the race, religion or economic status of its residents. Both homosexual couples and same-sex partnerships are guilty of abusing their children and its effects on children are overwhelmingly devastating.

Physical child abuse will be prosecuted as a California crime of domestic abuse when an individual intentionally inflicts an injury upon his or her child. About 25% of all of the confirmed cases of child abuse in this country involve physical abuse. Incidents of physical abuse generally occur when a parent is stressed and unable to control his or her impulses, which leads the parent or her to strike his or her child, oftentimes without consideration for his or her consequences. Other times, a child may become the victim of physical abuse if he or she tries to intervene to protect a parent who is being abused. Unfortunately, due to an adult’s size and strength, a parent may unintentionally severely injure or even kill his or her child during a moment of rage. Sadly, many parents who abuse their children were also abused as children and don’t realize that physical punishment is an inappropriate form of discipline.

Child sexual abuse will be treated as a D.V. crime when an activity is either performed on one’s child or performed in front of one’s child that is for the sexual gratification of the parent. It includes, but isn’t limited to, sexual touching or intercourse, allowing one’s child to watch pornography and persuading one’s child to expose his or her sexual organs.

Emotional abuse will be charged as a DV crime when one rejects, criticizes, terrorizes, ignores or isolates his or her child. Although emotional abuse is the third highest form of reported child abuse, following physical abuse and neglect, it is believed to be vastly underreported because it is difficult to prove and is usually seen in connection with other types of abuse. Emotional abuse, when directed at one’s child, can be one of the most destructive types of abuse that a child can suffer. Children who are consistently shamed, rejected or ignored suffer at least as much pain as a child who is physically abused and, most likely, even more. A child who is emotionally abused by his or her parent will often display destructive behavior, may engage in drug and/or substance abuse, will have a difficult time establishing relationships with others, will withdraw, will suffer from poor self-esteem and may ultimately even attempt suicide.

Neglect is a type of child endangerment that exists when a parent fails to satisfy his or her child’s basic needs. The neglect can vary and may include a parent not providing supervision, shelter, food or clothing, a parent ignoring his or her child’s emotional or psychological needs (for example, permitting drug and/or alcohol abuse in the home which is witnessed by the child) or a parent failing to ensure that his or her child receives proper schooling and medical treatment when necessary.

The penalties for domestic violence related child abuse are severe and may have life changing consequences for everyone involved. The offender faces child custody issues, significant jail or prison time and many other requirements that are imposed in an effort to both punish and rehabilitate the individual. To help keep these possibilities from becoming a reality, contact the criminal defense lawyers at the Kavinoky Law Firm today for a free consultation.

Eyewitness Accounts 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 of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many infliction of injury 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.

The job of an eyewitness is to simply 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 them. As a result, the truth generally gets lost in translation.

There is a common misconception that a witness testifies for either the prosecution or the defense, but that is truly not the case. Since both parties have a chance to examine the 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 sure that he or she is comfortable with answering questions and to ensure that the witness doesn’t get tripped up by the prosecutor’s cross-examination.

Infliction of injury 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 abuse, 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 infliction of injury 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 the criminal history of each witness to uncover any past conduct that could be considered relevant in weighing that witness’s credibility. A knowledgeable attorney will effectively cross-examine witnesses in an infliction of injury 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 an infliction of injury 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 diverse 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. Click here for a free consultation and for the best representation.

DNA Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that can be charged against an intimate partner. The term “intimate partners” includes every type of couple – straight, gay, married, divorced, cohabiting, individuals with children in common, or who are currently or were formerly dating.

Anyone who intentionally and knowingly violates a protective order in a California domestic abuse case can be charged with a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine.

Protective orders issued by the court prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. California courts even punish domestic violence defendants for violating orders in California that was issued in other states. 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.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of violating a protective order when he or she actually didn’t.

In a case alleging physical injury to the protected party or in a case where there may be some physical evidence, such as a letter, DNA evidence can play a vital role. When charged with violating a court order, it is important to hire an attorney who is experienced with all of the evidentiary issues that often arise in connection with this crime. The skilled criminal defense lawyers at The Kavinoky Law Firm receive ongoing training in intimate partner abuse trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each cell, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA. This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in a violation of a protective order case, if the defendant’s DNA evidence, such as saliva, blood or skin tissue, is found on the protected party’s body or clothes, or on a letter written to the protected party, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim or on any other physical evidence, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed in DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing potential jail or prison time in connection with a conviction for violating a protective order. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. An experienced lawyer can outline an effective defense strategy during a free consultation.

Hearsay and 911 Calls in a Sexual Battery Case

Sexual battery is a domestic violence offense that can be charged against any intimate partner in a California domestic abuse case. The term “intimate partners” is defined very broadly under California domestic violence law – the partners can be gay or straight, married, divorced, currently or formerly living together, have children together, or be dating or formerly dating.

Touching an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can result in a sexual battery charge. Any physical contact – however slight – can be considered touching, even if it occurs through the clothing of either partner. Even an individual involved in an ongoing relationship can face sexual battery charges. Depending on the circumstances, 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.

With such severe consequences, a sexual battery charge is no joke. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at the Kavinoky Law Firm have successfully defended countless individuals in sexual battery cases because they receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions. Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case.

The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy. Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the alleged victim’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a sexual battery case. Whether the allegation stems from an intense, emotional dispute that took a turn for the worse, from a false report, or from a simple mistake, professional guidance can help ease a difficult situation. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! A defense lawyer experienced in California domestic violence cases can outline a strategic defense plan during a free consultation.

Battered person’s syndrome and its effects on the accused in a California domestic violence stalking trial

Stalking, in California, will be charged as a domestic violence crime when it is committed against one’s intimate partner. Intimate partners are persons, regardless of their sexual orientation, who are married, divorced, dating, formerly dating, living together or who have children in common. When an individual willfully and maliciously follows or harasses and threatens his or her intimate partner with the intent of placing that partner in fear, he or she will be charged with stalking as a domestic abuse crime.

In an intimate partner abuse stalking trial, a recognized psychological condition known as the battered person’s syndrome, more commonly called battered woman’s syndrome, battered women’s syndrome, B.W.S. or BWS, may be introduced as evidence against the defendant to explain the victim’s behavior or actions. This condition is commonly introduced when the victim either recants his or her allegations or refuses to cooperate with or testify for the prosecution.

Battered person’s syndrome is a theory that explains why abused individuals don’t leave their abusive intimate partners. Although the theory was developed with victimized women and abusive men in mind, it applies to both heterosexual and homosexual men and women who are victimized by their intimate partners. The syndrome explains that a severely or consistently victimized person will be unable to leave his or her partner because he or she will have been conditioned to feel helpless and will feel that escape is impossible and that the abuse is inevitable. The abused partner basically blames him or herself for the abuse.

In a stalking case that was filed as an intimate partner abuse crime, the prosecutor may hire an expert witness who will testify about the effects of the battered person’s syndrome if the alleged victim either refuses to testify or changes his or her story from the original allegations that were made to the police or prosecutor. When this type of evidence is introduced, it is against the accused and basically paints a picture for the jury that the defendant has repeatedly and severely abused his or her partner. This is one reason why it is critical for a person accused of D.V. stalking to hire a criminal defense lawyer who is familiar with battered person’s syndrome, should it and its effects be introduced at trial.

The experienced attorneys at the Kavinoky Law Firm specialize in intimate partner violence cases and have successfully defended countless individuals charged with stalking their intimate partners. They understand the many evidentiary issues that are frequently raised in these types of trials and know what arguments to make to try to exclude evidence that is damaging to their clients and how to downplay or refute the evidence if it is admitted. They work with a team of expert witnesses who they use to rebut battered person’s syndrome when it is introduced against their clients.

Battered person’s syndrome, the prosecutor’s expert will testify, is the reason that an alleged victim has recanted or refused to cooperate. The expert will tell the judge and jury that the defendant’s intimate partner has been so abused or threatened, that he or she has recanted out of fear for what the accused would do to that partner if he or she didn’t take back or deny his or her original accusation. If that testimony is given, a skilled defense attorney will have a defense expert witness rebut that testimony by offering the judge and jury the many legitimate reasons that an alleged victim may recant his or her original accusation.

The outstanding attorneys at the Kavinoky Law Firm receive training about battered person’s syndrome and how it can be introduced and refuted in an intimate partner stalking case, which has helped lead to their impeccable reputation. If charged with stalking an intimate partner, click here for a free consultation.

The consequences of a California domestic violence stalking conviction

Domestic violence laws, in California, are applicable to all crimes that are committed against one’s intimate partner. Intimate partners are people who have children together, who live together, who are dating or formerly dating and who are married or divorced. The partners may be heterosexual or homosexual. It therefore follows that an individual who follows or harasses and threatens his or her intimate partner, intending to place that partner in fear, will be charged with stalking as a domestic abuse crime. Depending on the circumstances that surrounded the charge, D.V. stalking can be charged as a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in prison. Aggravating factors and/or prior convictions will likely result in mandatory prison time for as many as six years.

Imprisonment is perhaps the most frightening part of a sentence, but it is certainly not the extent of what a defendant convicted of intimate partner stalking faces. A defendant who is convicted of any intimate partner abuse crime will usually be placed on probation (which can be informal if charged with a misdemeanor or formal if charged with a felony). Probation generally remains in effect for at least three years. While on probation for a DV related offense, the defendant will have several mandatory terms of probation with which he or she must comply. These terms include, but are not limited to, enrollment and attendance in a batterer’s class, fines payable to specific domestic violence funds, a protective order issued against the defendant and the booking process.

Penalties for an individual convicted of stalking an intimate partner also include counseling, in addition to enrollment in a batterer’s class and possible confinement in a state hospital if the court decides that the defendant would benefit from treatment due to a possible mental illness. Perhaps the most devastating consequence of a domestic violence stalking conviction is that the defendant may be required to register as a sex offender if the court finds that the defendant stalked his or her intimate partner as a result of sexual compulsion or for the purpose of sexual gratification. If the court finds that registration is appropriate, the defendant must register for life and will face additional penalties, including jail or prison time, if he or she doesn’t comply with all of the requirements that coincide with registration.

Professional licensing restrictions may also face a defendant convicted of stalking his or her intimate partner if it can be proven that the stalking was somehow substantially related to the defendant’s job duties. This means that a conviction could potentially end an individual’s career. Along these same lines, firearm restrictions will be imposed upon a stalking arrest and will remain in effect if the defendant is convicted of the charge. Such a restriction could potentially end an individual’s career if that person must carry a firearm as a part of his or her job.

Civil penalties may also face an individual convicted of stalking his or her intimate partner, as the victim may also sue the defendant in civil court for monetary damages and a civil harassment order.

Clearly, the penalties facing a defendant convicted of stalking his or her intimate partner who was prosecuted under California’s intimate partner violence laws are severe and life altering. One’s freedom and reputation is too important to trust to an inexperienced attorney. The criminal defense lawyers at the Kavinoky Law Firm specialize in domestic abuse crimes and have successfully defended countless individuals who have been charged with stalking their intimate partners. The attorneys excel in preparing the most comprehensive defense strategies and will aggressively advocate for alternative sentencing when appropriate. Click here for a free consultation and for the best representation.

Alternative Sentencing and Its Effect on a California Criminal Threats Domestic Violence Conviction

“Criminal threats” is classified as a California domestic violence crime when an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury if committed. Intimate partners are married, divorced, dating, were formerly dating, living together or have children together. These intimate partners may be heterosexual or same-sex partnerships. If, as a result of the threat, the recipient reasonably fears for his or her safety, his or her intimate partner may be charged with criminal threats as a domestic abuse crime. If convicted, the accused faces up to one year in the county jail or state prison, depending on whether the charge was filed as a misdemeanor or as a felon.

Although imprisonment is the stated penalty for making criminal threats against one’s intimate partner, there are alternative sentencing options that an experienced criminal defense lawyer may be able to convince a judge that would better serve the interests of justice. The unparalleled attorneys at The Kavinoky Law Firm keep current with all of the different sentencing options that are available to their clients who have been convicted of intimate partner abuse charges so that they can effectively advocate for their imposition as an alternative to jail or prison.

Alternative sentencing comprises a variety of options that serve as alternatives to incarceration. The most common types of alternative sentencing that may be imposed in a conviction for making criminal threats against one’s intimate partner in a Domestic Violence case include probation, electronic monitoring, house arrest, community service or labor, counseling in either an individual or group setting, and paying restitution to the intimate partner when possible. These options are by no means the entirety but are the most frequently used alternatives to serving jail or prison time. Depending on which alternative is sought, a skilled attorney may be able to convince the court that alternative sentencing will be more effective in acting as a deterrent to future criminal conduct, as the requested alternative may have a rehabilitative element to it, as opposed to imprisonment which only serves to punish.

When considering whether to impose an alternative sentence to jail or prison, a judge will take into account several factors. The court will want to know whether drugs and/or alcohol were involved in the charged incident or are regularly used by the defendant, whether there were any mitigating or extenuating circumstances that led to the commission of the crime, and whether the defendant suffers from any mental illness. An experienced lawyer knows what facts and circumstances are likely to persuade a judge that alternative sentencing is a more appropriate penalty than jail or prison and will advocate for his or her client accordingly.

A California domestic abuse charge such as “criminal threats” jeopardizes an individual’s reputation, career, family and freedom the minute the accusation is made, especially when a jail or prison sentence awaits. Alternative sentencing can make all the difference, which is why it is imperative that an individual facing a criminal threats charge hires an attorney who is familiar with available sentencing alternatives and knows how to effectively argue for their application. The outstanding attorneys at The Kavinoky Law Firm will do their best to help keep their clients out of jail or prison by proposing creative alternative sentencing options that meet each client’s needs. A skilled defense lawyer can explain the complexities of a California criminal threats prosecution during a free consultation.

Defenses to Violating a Protective Order

There are many effective defense strategies available to fight California domestic violence charges such as violation of a protective order. Protective orders are issued by courts in domestic abuse cases to bar offenders from engaging in specific acts of abuse, re-entering their own homes, or behaving in certain ways.

Any intimate partner can be charged with a California domestic abuse offense, including straight or gay individuals who are married, divorced, living together, have children together, or who are dating or were formerly dating.

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 penalty of one year in jail 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, possibly up to one year, and the fine may rise to $2,000. California courts may even punish an offender for violating an order in California that was issued in another state.

The good news is that there are many effective defenses in domestic abuse cases. In an effort to acquit the accused, a good defense attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination. 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 injury is not a requirement when charging an individual with violating a protective order, any physical evidence and/or eyewitness testimony that supports or negates the charge can be critical to either party. Depending on the circumstances, a good defense lawyer will attempt to either discredit both or alternatively make them favorable to the defense. Similarly, if the protected party sustains no injury and there is no documented proof of the violation or any credible eyewitnesses to the violation, the defense attorney may argue that there is insufficient evidence to prosecute the defendant. A skilled attorney will also know how to address mitigating circumstances that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Some other defenses to this crime include legality (was the protective order issued for a lawful purpose?) and knowledge (did the defendant actually know the order existed and have the opportunity to read and/or understand its contents?). Self-defense or the defense of others could be a possible defense, depending on the circumstances surrounding the alleged violation. When an experienced domestic violence attorney reviews the facts of the case, he or she knows how to spot the issues that could ultimately defend his or her client and how to most effectively present them to the court.

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 protected party (or so-called “victim”) makes false allegations. 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.

An intimate partner abuse charge such as violating a protective order jeopardizes the defendant’s reputation, livelihood and freedom. In an aggressive effort to acquit their clients, the knowledgeable defense attorneys at The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. An experienced defense lawyer can outline an aggressive strategy to defend California domestic violence charges during a free consultation.