Battered women’s syndrome is a diagnosis that describes the state of mind of someone who has been consistently and/or severely abused by an intimate partner While this condition was known strictly as battered women’s syndrome in the past, the laws have been changed to reflect the reality that persons suffering from the condition could be male or female. It is sometimes simply called BWS. The partners can be heterosexual or homosexual.

In California, as well as other states, this syndrome may be used in domestic violence cases in defense of an abused person who, as a result of the prior abuse, committed a domestic violence crime against his or her abuser. Because of the emotionally charged nature of most domestic violence offenses, presenting evidence of battered person’s syndrome can affect a jury significantly. Therefore, it is crucial that a skilled attorney with experience in domestic violence cases be contacted to help with all aspects of the litigation.

Battered person’s syndrome is based on the victim’s belief that any abuse suffered was caused by something he or she did wrong. Such a person may be acting out of fear of the person’s safety and that of his or her children. For a person to have this condition, there are three distinct phases that the person must have experienced at least twice. The phases are the “tension-building” phase, the actual battery, and the “honeymoon” phase.

When a person who has been the victim of past domestic abuse commits a crime against the abuser, that person may employ the battered person’s syndrome as a defense to suggest that the victim was not in a proper mental state to be responsible for his or her actions. A trained defense attorney will likely summon an expert witness to testify that the abused either didn’t have the requisite criminal mental intent or that he or she genuinely believed that the force taken was necessary for protection against a more serious injury or death. The lawyer will ensure that the defense is properly used to protect the victim’s best interests.

However, if the prosecution is attempting to use battered person’s syndrome as evidence against a defendant, the defendant will be facing an uphill battle unless a skilled attorney is working to help exclude or neutralize the evidence. The attorney can hire an expert defense witness who will help discredit the prosecution’s claim by showing that the “victim” does not suffer from battered person’s syndrome, but rather that the prosecution is trying to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” has changed his or her mind about testifying. While the prosecution may argue that the “victim” is recanting the allegations out of fear of retaliation, a defense expert will rebut that argument, addressing many legitimate reasons why an accuser may change his or her story.

California courts do not take domestic violence charges lightly and battered women’s syndrome is an especially delicate topic. For anyone facing a domestic violence charge, it is imperative to find a seasoned lawyer who understands the procedures, comprehends the charges, and knows how to offer and refute evidence depending on the circumstances of the case. The attorneys at the Kavinoky Law Firm have the training and experience to handle any domestic violence case. They have represented people on both sides and understand what actions are necessary to ensure the best results possible.