Battery, when filed as a California crime of domestic violence, occurs when an individual uses force or violence upon his or her intimate partner in an effort to gain control over that partner. In the GLBT community, intimate partners are partners that are civilly united, have children together, are living together, are dating or are partners who no longer remain a couple but who previously shared one of these relationships.

DNA (deoxyribonucleic acid) evidence is being widely used throughout this country in domestic abuse cases to convict the guilty and to exonerate the falsely accused. It is one of the most accurate types of evidence, as no two people (with the exception of identical twins) share the same DNA. DNA is found in virtually every cell in the body and remains the same throughout an individual’s life. It is commonly retrieved from a person’s blood, saliva, skin tissue, hair or bone. If DNA is gathered from a crime scene, it can directly link the defendant to the crime or can serve to exclude him or her from the scene. For example, in an intimate partner abuse trial charging battery, if, at the time of the charged offense, the defendant’s DNA was found on his or her partner’s clothes or body, it might be easier to connect the accused to the crime, depending on the extent of the sustained injury or damage to personal property, assuming that an injury or any damage was even sustained. On the flip side, if the defendant’s DNA is nowhere to be found at the crime scene and there were no credible witnesses to the alleged incident, a skilled criminal defense lawyer may be able to get his or her client’s charge(s) dropped based on insufficient evidence. On a similar note, if someone else’s DNA was found at the crime scene, it may help prove that the case is one of mistaken identity or was based on a false allegation.

When faced with a D.V. battery charge, it is critical that the accused hires an attorney who has been trained in this scientific area of the law, not only so that he or she understands the intricacies involved in DNA evidence but so that he or she can explain its significance or lack thereof to a jury in such a way that even a child could understand its role in the trial. The attorneys at the Kavinoky Law Firm participate in seminars and other trainings that keep them up to date with common domestic violence evidentiary issues, such as the importance of DNA, and trial strategies, which places them ahead of the competition.

As a gay, lesbian, bisexual or transgender individual accused of a same sex domestic violence crime, it is equally important to hire an attorney who understands the sensitive issues that may coincide with these types of allegations and the privacy concerns that a non-heterosexual may have. The trusted, LGBT supportive attorneys at the Kavinoky Law Firm are dedicated to protecting their client’s rights and to making sure that they receive a fair trial in a society that can be anything but. They have successfully defended countless individuals accused of battering their intimate partners, treating each with compassion and respect. To secure the best representation, contact them today for a free consultation.