In response to a growing number of domestic violence incidents in California, the state implemented a complex set of laws created to deter intimate partner abuse by evoking harsh penalties for perpetrators. Most crimes of domestic violence can be charged as misdemeanors or felonies depending on the circumstances surrounding the incident of abuse. Such crimes are called wobblers.

California defines intimate partners as girlfriends, boyfriends, spouses, divorcees, cohabitants and people who have children in common. The laws protect both homosexual and heterosexual couples. Domestic abuse also occurs when an individual tries to control another member of his or her family through intimidation, threats and/or physical violence. Intimate partner abuse affects families from all social, economic, ethnic and religious backgrounds. Most reported incidents of domestic violence involve physical abuse.

When an individual intentionally uses force or violence against a family member intending to cause injury, harm or pain, that person has committed physical abuse. Assault with a weapon, punching, hitting or slapping, kicking, tripping, shaking, pinching, biting or choking, spitting, restraining, hair pulling and sexual abuse are all forms of physical abuse.

One type of physical abuse typically associated with intimate relationships is sexual abuse. Sexual abuse committed against persons under the age of 18 is classified as child abuse. Statistics on intimate partner abuse suggest that persons who exhibit abusive behaviors against their partners often commit sexual offenses as well. There are three main types of sexual abuse including sexual assault, sexual harassment or sexual exploitation. Sexual assault occurs when an individual forces an intimate partner to engage in any type of unwanted, unsafe or degrading sexual activity. Actual sexual intercourse does not have to take place for a sexual assault to occur.

Sexual harassment occurs when a person makes unwanted sexual advances towards his or her partner to gain power over that individual. Some people erroneously believe that if two people are married, that a sexual harassment or rape charge cannot or will not be fired. Anyone who makes an unwanted sexual advance toward another person can be charged with sexual assault.

Sexual exploitation takes place when a person forces an intimate partner to participate in pornographic filmmaking or view pornographic materials that make the partner uncomfortable. When a child is forced to engage in any activity for the purpose of sexual gratification, the person who forced the action can be charged with child sexual abuse. Such actions include sexual touching, intercourse, forcing the child to expose his or her sexual organs and exposing a child to pornography.

Physical abuse can have lasting scars on the victims; especially children who are too young to understand what has taken place. Victims of domestic violence are often fearful, anxious, angry and depressed. They may have low self-esteem and have trouble trusting others. It is common for victims of domestic violence to exhibit destructive behaviors such as abusing drugs and alcohol, committing violence themselves and withdrawing from friends and family. Despite multiple incidents of abuse, many victims continue to stay in relationships with their partners. The couple may become involved in a cycle of abuse where the abuser commits the violent act and then displays overly apologetic behavior. With such low self-esteem, the victim believes that the abuser will change or may be suffering from battered person’s syndrome, a psychological condition that affects victims of domestic violence.

Attorneys at The Kavinoky Law Firm are seasoned professional who have handled all types of domestic violence cases. They understand the intricacies involved in intimate partner abuse charges and have an intimate knowledge of the various issues that may arise at trial. Contacting The Kavinoky Firm is the first step in getting life back in order.