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Criminal Threats | Batterer's Classes
The Role of a Batterer’s Class in a California Domestic Violence Criminal Threats Conviction

 

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.

 
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