With a vested interest in
decreasing the incidence of domestic violence, California
has instituted a strict set of laws intended to severely punish perpetrators of intimate partner abuse. Persons who fall under
the definition of intimate partners include homosexuals and
heterosexuals who are married, divorced, dating, cohabitating,
or people who have children together. Most crimes of domestic
violence, including making a criminal threat, are called wobblers
because they can be charged as a misdemeanor or felony depending
on the circumstances surrounding the incident.
Making a criminal threat is one D.V. crime that occurs when
an individual, either in person, in writing or through a third
party, threatens to commit a crime against an intimate partner
that would result in serious bodily injury or death to that
partner if the crime was carried out. For purposes of prosecuting
this offense, it does not matter whether the accused actually
intended to commit the crime. Such a claim will not serve
as a defense as long as the partner had a reasonable fear
for his or her own safety or that of his or her family when
the threat was received.
Under California domestic violence law, a defendant who receives
probation for making a criminal threat against his or her
intimate partner must attend batterer’s classes once
a week for at least a year. The classes are two-hours long
and were created to help convicted defendants learn anger
management and alternative ways of dealing with powerful emotions.
These classes are sensitive to culture and ethnicity and
are available to people of various socio-economic levels.
They are segregated by sex and are offered to persons of all
sexual orientations. California regulates classes throughout
the state to ensure that each class covers the same material
regardless of its location. Various topics that are covered
include the dynamics of power and control, gender roles, socialization,
the nature of violence and the effects of abuse on others.
Different types of abuse are discussed, including emotional,
physical and sexual abuse, economic manipulation or control,
threatening a partner, destruction of property and similar
acts affecting the family’s safety and well-being.
The main goal of counseling in a batterer’s class is
to teach a person convicted of intimate partner abuse to get
away from potentially explosive situations without resorting
to violence. Facilitators of the class, in order to achieve
this objective, encourage students to take a close look at
their lives to obtain a deeper understanding about why they
feel the need to always be in control. The offender learns
that trying to control a relationship through violence or
intimidation does not work and there are other ways to communicate
that provide a better way to maintain healthy relationships.
If the defendant either blames his or her intimate partner
for the abuse or makes any attempt to deny his or her personal
responsibility, the class leader will confront such behavior
and refute the justification. The facilitator will also provide
information about the destructive impact that domestic abuse has on children who are victims of or witnesses to such abuse.
A person charged with any intimate partner abuse crime should
hire a competent criminal defense lawyer to help with all
aspects of the case as California D.V. law is very complex
and a conviction can include life-changing penalties. Attorneys
at The Kavinoky Law Firm have an intimate understanding of
these crimes and what it takes to minimize any legal consequences.
They also know the importance of batterer’s classes
and can help their clients meet all attendance requirements.
Contact The Kavinoky Firm today and speak with a qualified
professional about your legal options. |