Battery may be charged as a California crime of domestic violence, either as a misdemeanor or as a felony, if an individual either willfully or unlawfully used force or violence against his or her intimate partner. Intimate partners, as they pertain to the GLBT community, are partners or former partners in a civil union, partners who live or used to live together, partners who have children together and partners who are or were formerly dating. If convicted of this crime, the accused faces up to four years in prison.

Battered person’s syndrome, which is commonly referred to as battered woman’s syndrome or BWS, is a recognized psychological condition that is used to describe the mental state of an individual who has been severely and/or consistently abused by his or her partner and is frequently introduced in trials where the defendant is accused of battering his or her intimate partner. Although it typically refers to abused heterosexual women, it is applicable to abused men or women involved in abusive same sex relationships as well. BPS is usually used in one of two ways - either to defend an abused partner’s actions if he or she is the defendant or to explain why an abused partner (who is the complaining witness) has recanted his or her original allegations. Because battered person’s syndrome is an evidentiary issue that is commonly seen in intimate partner abuse cases, it is critical for the accused to hire an attorney who is experienced in this special area of the law and who has had success dealing with this issue.

BPS only applies to an individual who has been victimized more than once. Someone who has suffered abuse at the hands of his or her partner on only one occasion may definitely initiate criminal charges for domestic violence, but will not be diagnosed with this syndrome. In order to be identified as an individual who suffers from battered person’s syndrome, an abused individual must go through a cycle of the following three phases at least twice. The first phase is the tension-building phase, which categorizes the events that lead to the battery. The second phase is the actual battery, and the third phase is the honeymoon phase, where the abuser makes promises to never abuse again. An individual who suffers from this syndrome has been convinced that he or she deserved whatever beating he or she received.

Battered person’s syndrome can be used as a defense to a battery case if the defendant has been consistently abused and battered his or her partner in an act of self-defense. This defense may apply to a defendant who either didn’t have the criminal mental intent that was necessary to commit a battery or to a defendant who honestly believed that he or she needed to use force or violence against his or her partner to avoid a more serious injury to him or herself or to prevent his or her own death.

Battered person’s syndrome can also be used against a defendant, most typically when the complaining witness has recanted his or her original allegations. Under this type of situation, the prosecutor usually hires an expert witness, most likely a psychologist, who will testify that the abused partner has recanted because he or she either feared what might happen if he or she didn’t or because his or her abusive partner has threatened him or her into doing so. A skilled domestic violence attorney will, in turn, hire an expert witness to testify as to the many legitimate reasons that partners involved in intimate relationships often take back their initial accusations.

The LGBT supportive attorneys at the Kavinoky Law Firm specialize in domestic abuse cases and understand the intricacies involved with battered person’s syndrome. They will vigorously defend their client’s rights and will ensure that their clients – all their clients – receive a fair trial and the best representation. Contact them today for a free consultation.