California’s domestic violence laws cover all intimate partners. This term includes boyfriends, girlfriends, spouses, divorcees, cohabitants and people with children in common. The partners may be either homosexual or heterosexual. Many intimate partner abuse cases stem from highly charged, emotional disputes that escalate quickly. Any person charged with domestic violence should retain an experienced criminal defense attorney to ensure that the judge and jury understand the series of events that led to the charges being filed.

Once the authorities are involved in a domestic dispute, it is common for an arrest to be made. Unfortunately, the police often assume that the individual who called to report the incident was the victim and the other person, the perpetrator of abuse. The victim may have placed the original call to the police, and may have even filed charges, but once those charges are filed, only the prosecuting agency or the judge can dismiss them. Even if the victim wants to renege and clarify the story, the case will still be pursued. Regardless of whether the victim was mistaken or lying about the incident, or even if he or she does not want to press charges, the case will be filed and prosecuted. When a victim decides not to move forward with the case, or wants to clarify his or her reporting of the event, it is imperative to contact a skilled criminal defense lawyer to prevent the action from damaging the defendant’s case.

If the defendant hasn’t threatened or intimidated the alleged victim (a crime in and of itself), and the victim decides that calling the police was a mistake, it is important for both partners to converse with an experienced attorney who has addressed this issue in the past and will help decide the best course of action. Some victims believe that recanting or refusing to cooperate with the police or prosecution will help the defendant. That is not the case. Actually, the prosecution expects the victim to recant and knows exactly how to proceed. Without being guided by a trained attorney, a genuine recanting victim can be extremely harmful to the defendant.

If called to testify, a partner in a domestic abuse case can’t choose to remain silent. The “right to remain silent” only applies to self-incrimination, not refusing to testify about the D.V. incident. It would only apply if the victim did not want to testify because what he or she said could incite criminal charges against him or her self. If the partner does not appear in court or refuses to answer questions under oath, the individual may be personally charged with other crimes.

If the victim refuses to testify, the prosecution will introduce into the record, a tape recording of the actual call to the police as well as all statements made to the police when they conducted their original investigation. These statements were likely made under duress in the pinnacle of the heated incident. They may have even stemmed from a desire to seek revenge or some other motive. Regardless, they can be devastating to the defense. Also, in the instance where a partner recants, the prosecution will likely bring in an expert witness to testify that the individual is recanting out of fear of retaliation or because the abuser has threatened additional abuse if the partner does not recant. The expert may also testify that the partner is caught in a cycle of abuse.

Domestic violence law is complicated and the ramifications of a conviction are quite harsh. A person accused of such a crime needs the help of a good attorney. The highly qualified defense lawyers at the Kavinoky Law Firm can help both parties in a domestic violence case navigate through the criminal justice system. The attorney will help develop the most effective defense strategy and help both parties get the help they need and the outcome they desire.