Domestic violence crimes in
California can be charged as felonies or misdemeanors depending
on the extent of the violence and whether the alleged victim
suffered an actual physical injury. These crimes involve disputes
between intimate partners ? homosexual or heterosexual people
who are married, divorced, separated, cohabitating, dating,
or who have children in common.
People in intimate relationships sometimes experience highly
emotional disputes that can escalate quickly. The very nature
of intimacy can lead to heated confrontations. California
has taken a tough stance against domestic violence, therefore
a conviction for these crimes can jeopardize the defendant’s
family, career and freedom. Many domestic violence figures
reveal that sometimes, both partners have engaged in abusing
each other.
Unfortunately, when the police respond to a domestic abuse call, they assume that the person who placed the 911 call
is the victim and the other partner is the batterer. The police
may rely on that assumption and arrest the person they think
is the abuser. In a heterosexual relationship, this is almost
always the man. Despite our society’s stereotypes, men
do experience abuse by their female partners. Furthermore,
there is a good chance that both partners have engaged in
abuse. When the person charged with abuse also suffered from
it, he or she should immediately hire a skilled criminal defense
lawyer. Having a good attorney representing you increases
the likelihood that your version of the alleged events will
be heard. The attorneys at the Kavinoky Law Firm have litigated
domestic violence cases for years. They understand the complicated
nuances in D.V. law and the difficult time that these situations
present for the whole family.
It is not uncommon for an attorney to work closely with a
private investigator to engage in fact finding that supports
the defendant’s side of the story. Evidence collected
may include statements made about the incident, dated photographs
of any injuries that the defendant sustained, police reports,
medical reports, weapons used by the partner, pictures of
the area where the violent incident occurred, household objects
that were damaged, calls made to 911, and certified copies
of the alleged victim’s criminal history. Once the private
investigator and attorney secure all the relevant evidence,
the lawyer will determine the best strategy to defend the
alleged batterer’s actions during the incident, as well
as emphasize that he or she was also a victim of abuse.
If the defendant has safety concerns, the attorney can help
that individual obtain the appropriate restraining
order to protect him or her. A criminal
lawyer will also instruct his or her client on the potential
consequences
of the partner
violating the order. The attorney will also have many
resources to help the defendant deal with the emotional ramifications
of being falsely
accused or shouldering the sole burden for a situation
that involved abuse by both partners.
The competent attorneys at the Kavinoky
Law Firm understand California domestic
violence cases and have assisted numerous defendants through
the criminal
court process with compassion and respect. They will help
with all aspects of the litigation and can get the defendant
the help needed to make it through this difficult time. |
