California has a complex set
of domestic violence laws that cover crimes committed against
intimate partners. The law is very broad in terms of defining
the relationship that gives rise to the domestic violence
charge. The legal definition of an “intimate partner”
includes husbands or wives, boyfriends or girlfriends, and
same-sex partners.
One major domestic violence crime is infliction of injury and is more commonly referred to as “spousal abuse.”
If an individual willfully inflicts any injury, regardless
of how minor, upon an intimate partner, he or she can be charged
with a felony, carrying a sentence of up to four years in
prison and a fine of up to $6,000.
In California, a person convicted of an infliction of injury offense will be sentenced to a batterer’s class as a
condition of probation. At a minimum, the offender must attend
one two-hour class every week for a year. These classes are
exclusively male or female and are sensitive to cultural,
ethnic, and sexual orientation issues.
Batterer’s classes were designed to help people manage
their anger and rage. The goal of the class is help abusers
learn to walk away from potentially explosive situations before
resorting to violence. To reach this goal, these counseling sessions encourage the abusers to examine their lives to understand
why they engage in violent outbursts. Hopefully, the batterer
will learn that relationships do not improve through the use
of violence.
California has established guidelines for batterer’s
classes to ensure that all abusers receive the same education
and counseling regardless of where they live. Batterer’s
classes were developed to stop the cycle of violence. Each
class addresses the following themes: gender roles, socialization,
the nature of violence, the effects of abuse on others, and
the dynamics of power and control.
In regard to these common themes, the class counselors discuss
various forms of abuse including physical, emotional and sexual
abuse. They explain the ramifications of economic manipulation or domination, destruction of property, and acts jeopardizing
the well-being and safety of other family members or friends.
The program also addresses effective communication methods
and will help the batterer to create equality within the relationship
by removing the threat of violence.
During batterer’s classes, the counselors refute any
justifications the batterer may give for his or her use of
violence within the relationship. They aim to reconstruct
all beliefs, values, behaviors that the abuser may have. The
result is a reformation of the batterer’s belief system
to discourage the use of intimidation, violence, and coercion
against domestic partners and children. If the batterer attempts
to blame the victim for the violence or in any other way tries
shrug off any personal responsibility, the counselors confront
the batterer and change the direction of thinking. These classes
include a host of helpful topics such as the destructive impact
that violence has on self-esteem, and the effect that abuse
has on children, whether they receive the abuse directly or
witness the abuse of another. Batterers are also taught specific
ways to achieve non-controlling, non-abusive, attitudes and
behaviors towards their intimate partners and children.
Facing an infliction of injury charge is difficult and not
to be taken lightly. A conviction would likely lead to probationary
requirements, one of which is attendance of a batterer’s
class. Addressing the problem head on is the best way to prevent
a future incident from occurring. Another important step is
securing a skilled attorney who has knowledge of the criminal
justice system and specifically, domestic abuse charges. Lawyers
at the Kavinoky Law Firm have years of experience in navigating
probationary terms with ease and understanding. They have
vast resources on batterer’s programs throughout California
and can help make the process a little easier.
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