Domestic violence laws in California cover all offenses committed by an individual against an intimate partner. Intimate partners can be both heterosexual and homosexual persons who are married, divorced, dating, living together, or who have children together. D.V. crimes often present more restrictive release conditions than crimes not involving intimate partner abuse. Also, when a defendant is charged with a crime of domestic abuse, he or she faces certain mandatory terms of probation. These additional terms include classes and/or D.V. counseling, being restrained by a criminal protective order, and other penalties depending on the specific crime alleged. These special probationary requirements offer an even greater incentive for a defendant to hire a qualified criminal defense lawyer as soon after the arrest as possible. The attorney can help navigate the criminal court system with ease, understanding, most importantly, success.

The tenacious defense attorneys at the Kavinoky Law Firm have worked for years with individuals who have been charged with intimate partner abuse crimes and have successfully defended many cases. They have offices located throughout the state to conveniently serve anyone needing legal representation. The Kavinoky attorneys receive on-going training and education on domestic violence issues.

California domestic abuse cases have certain issues that are common, regardless of the various offenses. D.V. related crimes have evidentiary issues specific to these types of cases. For example, in most criminal cases, the prosecution cannot introduce evidence of the defendant’s prior criminal conduct. However, in an intimate partner abuse case, that information can be entered into evidence and a jury privy to such information may conclude that if a defendant acted in a certain manner in the past, he or she would likely repeat the behavior. Another procedural difference in D.V. crimes involves the admissibility of hearsay, which is an out of court statement that is later offered in-court for its truth. Under most circumstances, hearsay is inadmissible as evidence in a criminal trial. But a defendant facing intimate partner abuse charges will have to deal with the potentially damaging evidence, as it will be admitted at trial.

Hiring a skilled defense lawyer with domestic violence law experience is also important because of the issues regarding witnesses that frequently arise in these types of trials. The delicate nature of intimate partner relationships often leads to highly charged, emotional incidents that usually happen in private areas with few or no witnesses. This lack of access to witnesses makes an even stronger argument for having a good attorney who excels in witness examination and cross-examination. If there are only a couple of witnesses, the defendant must make sure that any discrepancies in testimony and any false allegations are revealed. Knowledgeable counsel can help with these revelations.

In domestic abuse crimes, false accusations are unfortunately more prevalent. Domestic disputes often stem from control issues and one partner may offer false accounts as a way to punish or control the other partner. Also, statistics suggest that in many cases, both partners are abused and abusive and may try to deal with jealousy or rage by making false allegations to the police or other authorities. A skilled domestic violence attorney understands the importance of witness examination and knows when to aggressively pursue any inconsistencies in testimony.

Other areas in which a good defense attorney will be helpful are recanting victims and Battered Person’s Syndrome and the potential problems they pose for the defense. It is important for a defendant to make sure his or her attorney understands these concepts and how to utilize any evidence at trial.

Life-changing consequences await a person convicted of domestic violence in the State of California. There are many nuances in D.V. law and a defendant is at a major disadvantage without the help of an experienced criminal defense attorney. In addition to personal freedom, the accused may lose his or her family, good standing in the community, and many other important liberties. With so much on the line, a defendant should contact the attorneys at the Kavinoky Law Firm who have been defending against domestic violence charges for years.