California has one of the
nation’s most stringent set of domestic violence laws.
They are designed to punish offenders severely and help the
victims of intimate partner abuse. Domestic violence occurs
when an individual engages in almost any form of abuse against
an intimate partner. California statutes define intimate partners
as girlfriends, boyfriends, spouses, former spouses, cohabitants,
and people who have children together. The relationship can
be heterosexual or homosexual. In addition, any crime committed
against one’s child (or intimate partner abuse committed
in the presence of one’s child) will also be prosecuted
as a domestic abuse offense.
A majority of intimate partner abuse cases are reported as
being perpetrated by a man against a woman. However, women
are also guilty of abusing men and same-sex domestic violence is a growing problem as well. This abuse affects people nationwide
from every socio-economic, ethnic, and religious background.
Each year in the United States, millions of children are
at risk of being abused by their parents. Recent domestic
violence statistics indicate that in a national poll of over
6,000 families, between 53% and 70% of male offenders also
frequently abused their children. In addition, research shows
that women who suffered abuse are twice as likely to abuse
their children. In households where intimate partner violence
occurs, children are abused either sexually or physically,
or are seriously neglected fifteen times more than in homes
where the violence does not occur.
There is a wide range of behavioral and emotional problems
that children who are exposed to domestic violence may exhibit.
Usually the behaviors depend on the child’s age and
gender, the child’s disposition, whether or not the
child was actually involved in the abuse, and how much abuse
the child observe. Younger kids typically can’t understand
the abuse and tend to blame themselves for it. A young child’s
self-blame often manifests itself through stress, physical
complaints, concentration problems, difficulty with eating
and sleeping, and regressed behavior such as whining. Children
who are slightly older may also display similar issues and
will usually express themselves in more negative ways. Symptoms
commonly seen in pre-adolescents include defiant behavior,
threatening or violent behavior, withdrawal, and low self-esteem.
Teenagers who experience domestic violence display even more
destructive deeds. In addition to the above-mentioned behaviors,
they may engage in substance abuse, delinquency, and show
signs of academic failure. Some research indicates that exposure
to domestic violence, either by being directly abused or witnessing
the abuse, may be the most significant factor in a children
becoming involved in criminal activity.
Regardless of whether a child is abused by a parent or perpetrates
abuse towards the parent, the result will be criminal action.
An intimate abuse offender faces mandatory probation terms
in addition to possible jail time, but if a child is involved
in the abuse, either directly or indirectly, custody issues
will also be raised. Individuals accused of domestic violence towards their children or an intimate partner in the presence
of the children face losing their family and freedom. Child
abuse charged as a misdemeanor could lead to a year in jail,
attendance for a minimum of one year in a child abuser’s
treatment program, formal or informal probation, and a criminal
protective order issued against the defendant to protect the
child. If convicted of a felony domestic violence charge,
the defendant faces the penalties listed above and up to six
years in prison.
Domestic violence convictions bring harsh consequences when
a child isn’t involved in the allegations. The stakes
are even greater when a child is involved. Criminal defense
attorneys at the Kavinoky Law Firm are adept in this area
of California law. They have helped countless individuals
keep their families and freedom in tact by successfully defending
against intimate partner abuse charges. These lawyers understand
the delicate nature of domestic violence allegations and treat
each client with compassion and respect. They can provide
parents with referrals for services and resources to help
children who have experienced abuse in any form. Contact the
Kavinoky attorneys today and take the most important step
in protecting your family and freedom. |