When an individual willfully or unlawfully uses violence or force upon his or her intimate partner, he or she may be charged with the California intimate partner abuse crime of battery. One’s gay, lesbian, bisexual or transgender intimate partner may be his or her partner or former partner in a civil union, the person with whom he or she lives or lived, the person with whom he or she has children or the person whom he or she is dating or dated. If convicted of battery as a misdemeanor, the accused faces up to one year in jail and up to a $1,000 fine and faces up to four years in state prison if convicted of a felony. In addition to that punishment, a convicted defendant who is placed on probation will also be required to complete probationary requirements as well.

One of the penalties that may result from a battery conviction is a restriction on one’s professional license. Professional licenses may be suspended or revoked, in California, by the issuing board if the crime that the individual was convicted of substantially relates to the functions, qualifications or duties of the profession or business for which the license was issued. This restriction may apply regardless of whether the conviction was obtained through a verdict or a plea and may go into effect once the defendant has been placed on probation, once the conviction has been upheld on appeal or once the timeframe within which to file an appeal has lapsed. It should be noted that there are some licensing boards that maintain their own standards regarding discipline and will revoke or suspend an individual’s license simply based on specific crimes, without analyzing the similarities between the crime and the profession.

One’s criminal defense lawyer may be able to help defend against a professional license restriction. He or she would have the resources and skill to articulate why a conviction for battering one’s intimate partner, under most circumstances, would not substantially relate to the defendant’s job. An experienced attorney may also recognize an illegal attempt to discipline an otherwise competent license holder simply based on the stigma that may attach to a “batterer”. In addition, the gay-friendly attorneys at the Kavinoky Law Firm may also be able to help defend against a professional license restriction that is being imposed based not on their client’s conviction but in an effort to camouflage an otherwise discriminatory act against a non-heterosexual in a homophobic workplace.

A professional license restriction is only one penalty that an individual convicted of a domestic violence battery charge faces, but it is perhaps one of the most severe, since it jeopardizes an individual’s career and livelihood. The best way to avoid this devastating consequence, as well as the other life-altering consequences that coincide with a conviction for battering one’s partner is to hire a California domestic violence lawyer immediately upon a battery accusation. The GLBT supportive attorneys at the Kavinoky Law Firm help guide their clients through the entire criminal process with compassion and competence. They are dedicated to protecting the rights of their clients with passion and integrity and pride themselves on their excellent reputation. For legal advice about a professional license restriction or about any other domestic violence matter, contact them today for a free consultation.