When it comes to domestic violence laws, California has some of the strictest in the nation. Persons charged with domestic abuse face hefty fines and lengthy jail and prison sentences. They will inevitably experience ramifications in their personal lives as such offenses carry huge societal stigmas. If the individual has a prior charge for any domestic violence crime on record – even without a conviction – that evidence may be introduced into the pending case by the prosecution. Upon hearing that a defendant has been charged in the past for similar abuse, the judge and jury are usually influenced heavily and develop a true bias against the defendant. The result could mean even more severe penalties for the accused. To avoid being prosecuted to the fullest extent of the law, retain a skilled criminal defense attorney from the Kavinoky Law Firm.

California domestic violence laws cover all intimate partners. The state defines intimate partners as heterosexual and homosexual girlfriends, boyfriends, spouses, divorcees, cohabitants or people who have children in common.

With the increase in awareness regarding domestic violence, many state legislatures have taken a tougher stance on punishing offenders and trying to deter the abuse. This trend has led to the presence of strong bias against the accused. One example is that evidence of prior charges of domestic violence is admissible in a domestic violence case. Usually, such evidence is not allowed because the court knows that a jury will have a difficult time separating past conduct from present allegations. The concern is that a jury will convict a person based on past behavior rather than the evidence of the current charges. Prior evidence usually creates unfair prejudice to the accused and therefore is usually excluded.

The prior charges do not have to be against the same alleged victim. They can be for any other domestic violence charge brought against the defendant, regardless of how long ago they occurred, and in some cases, even if the record has been expunged. The charges did not have to lead to a conviction and may be introduced even if it was proven that they were based on false allegations. Regardless, the information will be exposed to the jury as evidence that the accused has a history of intimate partner abuse and insinuating that he or she would abuse again. Such evidence is quite devastating to a defendant and creates preconceived notions by the judge or jury.

While this situation sounds hopeless, an experienced defense attorney has handled such dilemmas repeatedly. A good criminal defense lawyer knows what arguments may convince a judge to exclude this type of evidence. The attorney will make all the appropriate constitutional arguments and will effectively communicate to a judge why admitting evidence of prior domestic abuse charges will unfairly prejudice a defendant and prevent him or her from receiving a fair trial. Attorneys from the Kavinoky Law Firm have helped defendants with prior abuse charges on numerous occasions. They will work to exclude previous domestic violence charges from a pending case. Contact the Kavinoky Firm today and secure representation to fight any domestic abuse charge.