California classifies domestic battery as the willful and unlawful touching of an intimate partner.
This crime is also known as “spousal abuse” or
“spousal battery. Intimate partners may be married or
divorced, currently or formerly dating, or currently or formerly
living together. They can be heterosexual or gay and may or
may not have children in common.
Domestic battery is usually classified as a misdemeanor,
unless the victim endures serious physical injury such as
a broken bone. When charged as a misdemeanor, battery carries
a maximum sentence of a one-year in jail and a $2000 fine.
When charged as a felony, domestic battery carries a maximum
of four years in state prison and up to $6,000 in fines.
Regardless of whether the battery was classified as a misdemeanor
or felony, when a defendant is convicted in California, he
or she will be required to attend a batterer’s class
as a condition of probation. All batterer’s classes
are tailored to certain standards to ensure the best rehabilitation
efforts possible. Male offenders will be in classes with only
males and females with only females. The classes are also
geared towards whatever issues or classifications the abuser
may have such as culture, ethnicity, and sexual orientation.
The minimum attendance requirement of batterer’s classes
is one two-hour class once a week for a year.
Batterer’s classes are targeted towards individuals
who need help in managing their anger. The goal is to teach
them to prevent violent outbreaks by learning to walk away
from potentially harmful situations. The counseling is centered
on encouraging the abusers to examine their lives to determine
the reasons why they resort to violent outbursts. A successful
class teaches the batterer that violence does not solve problems
in intimate relationships.
Very simply, the purpose of the batterer’s class is
to put an end to domestic abuse. California has established
a certain curriculum for each class so that abusers receive
the same quality education and counseling no matter where
they take the class. Various themes are addressed during the
classes and the counselors speak about the nature of violence,
gender roles, socialization, the dynamics of power and control,
and the harmful effects of abuse on other people. Within these
themes, counselors educate the abusers on the different types
of abuse such as physical, emotional and sexual abuse. In
addition, they give examples of the various forms abuse can
take, like economic manipulation or domination, property destruction,
and acts that jeopardize the well-being of others. The abusers
learn to utilize effective ways to communicate in an intimate
relationship rather than resorting to violent outbursts and
other unacceptable behaviors.
Because the students have developed a faulty belief system
in regard to intimate relationships and communication, the
teachers confront their students by refuting any justifications
for inappropriate behavior. Any discussion in which blaming
the victim arises is quickly turned into an opportunity for
the batterer to take personal responsibility and develop strategies
on how better to handle the situation. Counselors indicate
the destructive impact on self-esteem that violence creates
as well as the effect that battering has on children. Batterers
are also taught specific techniques for achieving non-abusive,
non-controlling attitudes and behaviors.
Any domestic violence charge is serious and a person charged
with such an offense will face life-changing consequences should a conviction occur. Enrollment and attendance of batterer’s
classes is one probationary requirement, but it can be one
of the most beneficial to the prevention of additional domestic
abuse. The skilled defense attorneys at the Kavinoky Law Firm have helped hundreds of individuals get back on track after
a domestic violence charge. They understand probationary requirements
and can connect their clients with batterer’s programs
throughout California. The lawyers at the Kavinoky Law Firm comprehend the delicate nature of domestic battery and will
help with all aspects of the case. Having a good attorney is the first step in returning one’s life back to normal. |