When an individual commits
abuse to control an intimate partner or family member in California,
that person can be charged with domestic violence. The state
treats such perpetrators harshly and the penalties for a conviction
are severe. According to California law, intimate partners
include spouses, divorcees, girlfriends, boyfriends, cohabitants
and people with children in common. They may be gay or straight.
While the specific type of relationship may vary, there is
one constant ? these couples usually have a power imbalance
within the relationship.
A person who tries to control his or her intimate partner
through the use of threats, intimidation, and physical or
emotional abuse does so in an attempt to gain power over the
partner. Individual acts of domestic violence are often committed
out of anger, stress or frustration, but repeated abuse usually
stems from a desire to exert control over another person.
No matter what type of domestic abuse takes place, until the
balance of power shifts, the abuse will continue. In some
cases, the only way to correct the power imbalance is for
the victim to leave the relationship.
The typical family dynamic involves nurturing relationships
and a nurturing environment. While some families lack nurturing
qualities and do not experience domestic violence, statistics
reveal that in a family where the power and control are out
of balance, there will be a higher risk of abuse within that
family. The partner who is the primary income earner in the
family may have more control because he or she is responsible
for the basic needs of the family members, but he or she may
not exercise this power. A person who uses the bread-winner
status as a means to control the rest of the family would
be engaging in abusive behavior.
A victim of domestic violence will stay with an abusive partner
for many reasons. A person who has been consistently and/or
severely victimized may suffer from a psychological condition
called battered person’s syndrome. The victim’s
self-esteem is probably very low and he or she may believe
that no options exist and that the abusive partner is the
only person who would be in an intimate relationship with
him or her. Some studies suggest that strong, emotional bonds
form between the victim and perpetrator in an abusive relationship
largely because of the imbalance of power that exists. The
abuser gains more power while the victim’s self-esteem
plummets and he or she becomes even more dependent on the
abuser. In addition, the cycle of abuse can be almost addicting,
especially the honeymoon phase that occurs when the victim
believes that the perpetrator will stop. This erroneous belief
is often fueled by an over-apologetic abuser.
For victims and perpetrators of abuse who desire help, California
has many valuable resources. Counseling is available to victims
of domestic violence and their abusers who wish to stop their
abusive behavior. Speaking with a knowledgeable attorney can
be quite beneficial, especially when legal issues arise. Lawyers
at the Kavinoky Law Firm receive extensive ongoing training
in California domestic violence law and the various nuances
found within these complex laws. They can advise a victim
of intimate partner abuse on how to seek legal help which
may include filing for a protective order. Kavinoky attorneys have helped hundreds of clients who experienced intimate partner
abuse or faced charges of abuse. Contact the firm today and
speak to a qualified legal representative who can answer any
questions and discuss all options. |