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Battery, when committed against
one’s GLBT intimate partner, will be prosecuted as a
California crime of domestic abuse. Intimate partners are
those who are or were civilly united, those who have children
together, those who are or were living together and those
who are or were dating. If charged as a misdemeanor, battery
carries a maximum one-year jail sentence and a maximum $1,000
fine, and if it is charged as a felony, the accused faces
up to four years in state prison.
In addition to the fine and jail/prison time
listed above, an individual convicted of battering his or
her intimate partner who is placed on probation will also
be required to complete certain requirements. Participation
in a batterer’s class is one of those requirements.
Batterer’s classes are held throughout
California, are regulated by the state and are designed to
teach an individual who has been convicted of battering his
or her partner accountability for his or her abusive conduct.
The classes are either all male or all female and some are
sensitive and specific to same sex relationships. The defendant
must attend a minimum of 52 weekly classes that are at least
two hours in length.
Batterer’s classes help teach their
participants to walk away from potentially violent situations
before it is too late to do so. The classes not only focus
on anger management and violent tendencies, but also offer
constructive, positive ways that their students can help restore balance to their imbalanced relationships. If successful,
the student learns that he or she shouldn’t be using violence to control his or her partner.
Batterer’s classes have specific criteria
that every class must adhere to, regardless of the instructor
or its location. Classes must address the nature of violence,
socialization, the effects of abuse on children, gender roles,
and the dynamics of power and control. Counselors discuss
the different types of abuse that one may use to control his
or her partner and ways to change those learned, reinforced
behaviors.
When an individual either blames his or her
partner for instigating the violence or in any way tries to
diminish his or her responsibility for the abuse, the class
leader must directly confront that person by refuting his
or her rationale. The facilitator’s job is to try to
modify the values, beliefs and language that his or her students
use to create and maintain power over their partners. The
teachers also offer specific techniques that their students
can use to achieve non-controlling and non-abusive behaviors
and attitudes.
Batterer’s classes are only one part
of the punishment that an individual convicted of DV battery faces, but can be one of the most beneficial if the participant
is open to being helped. The compassionate, LGBT supportive
California domestic violence lawyers at the Kavinoky Law Firm are dedicated to making this time a little easier for their
clients. They specialize in crimes of intimate partner abuse and are familiar with the various resources available to help
their gay, lesbian, bisexual and transgender clients, including
connecting them with batterer’s classes that will meet
their individual needs, where the class leader and participants
may be able to empathize with their situation. For questions
about a batterer’s class or for legal advice about any
other domestic violence matter, contact the Law Offices of
Darren Kavinoky today for a free consultation.
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