Witness intimidation is one of the many crimes of domestic violence in California in which one intimate partner commits abuse against another. The state’s laws are very strict and the term intimate partners has been broadly defined to include many relationships. Couples who are covered under intimate partnerships can be girlfriends, boyfriends, spouses, divorcees, cohabitants or people with children in common.

California will impose a misdemeanor witness intimidation charge against an individual who tries to prevent an intimate partner from making a criminal complaint, answering questions posed by police, or testifying in a court proceeding. This charge is punishable by up to one year in jail. If, however, the person is accused of using force to intimidate the intimate partner, if the intimidation is part of a conspiracy, or if the attempted intimidation serves a purpose of financial gain, the charge will be filed as a felony, punishable by two to four years in prison. The question is whether or not the intimidation was intentionally attempted and not whether the intimidation was successful. Even if the victim (witness) was not actually intimated, the charge will stand.

California requires that all defendants convicted of witness intimidation attend batterer’s classes as a condition of probation. These classes are sensitive to culture, ethnicity and sexual orientation and are either exclusively male or female. The minimum requirement is attendance of a two-hour class once a week for a year. Batterer’s classes are geared towards individuals who need help managing their anger and violent outbursts.

The goal of batterer’s classes is to put an end to domestic abuse. California has established specific guidelines for all classes to ensure that defendants receive the same education and counseling no matter where they live. The themes that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others. Within these themes, counselors discuss physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats and acts that jeopardize the well-being and safety of children and other family members or friends. The program offers effective ways to communicate in an intimate relationship as an alternative to violence.

The teachers confront their students by challenging any justifications for the use of intimidation or violence within an intimate relationship. Any attempts by the defendant to blame the partner for the violence or any attempts to diminish the defendant’s responsibility are immediately thwarted by the class leaders. Instead, discussions are conducted that include topics such as the destructive impact that violence has on self-esteem and affection, and the impact that battering has on children who experience or witness the abuse.

By taking advantage of California’s batterer’s classes, a defendant convicted of witness intimidation can truly learn to control his or her violent behaviors. The state has tailored the classes to help put an end to domestic violence and defendants who follow through with this probationary requirement can drastically reduce the chances that they will be involved in intimate partner abuse in the future. The criminal defense lawyers at the Kavinoky Law Firm have a host of resources regarding California domestic violence, including batterer’s programs and other services that the state offers. Contact the Kavinoky Firm today and speak to an experienced attorney about witness intimidation charges or any other aspect of California domestic violence law.