California’s domestic violence laws are imposed anytime a crime is committed against one’s intimate partner, including one’s same sex intimate partner. Within the GLBT community, intimate partners live together or formerly lived together, are or were dating, have children together or are or were civilly united. When one uses violence or force upon his or her intimate partner, no matter how slight, he or she may be charged with battery as a crime of domestic abuse, punishable as a misdemeanor by up to one year in the county jail and a $1,000 fine or as a felony, punishable by up to four years in the state prison if the partner suffered a serious bodily injury as a result of the force or violence.

Punishment in a battery case isn’t limited to the fine and jail/prison time just listed. Those penalties are just the tip of the iceberg, as an individual who has been convicted of this crime faces a host of additional consequences – and if the defendant has a prior battery conviction, he or she will likely face an even stiffer sentence.

Probation is generally offered to a defendant convicted of an intimate partner abuse crime. Probation can be either formal or informal and lasts for a minimum of three years. All California D.V. crimes have certain mandatory terms of probation that must be imposed and include the defendant having a permanent protective order issued against him or her, the booking process, specific fines and participation in a batterer’s class.

Punishment for a battery conviction may also include mandatory jail time if the defendant has a prior battery conviction. In this type of situation, the defendant will more than likely serve at least 48 hours in county jail and, depending on how recent the last conviction was, how many convictions there were and the severity of the pending crime, may be significantly more. Having an experienced California domestic violence attorney can help the accused avoid this “mandatory” jail time, as he or she knows what arguments to make to convince the judge that incarceration doesn’t serve the best interests of justice and that alternative sentencing would be more appropriate.

Penalties for battering one’s intimate partner may also include professional license restrictions and will definitely include firearm restrictions. A skilled criminal defense lawyer may also help fight off an illegally imposed license restriction if the defendant’s conviction doesn’t substantially relate to the individual’s career, thus helping the individual keep his or her job.

Civil penalties may also face an individual convicted of battery. The accuser can opt to sue his or her intimate partner for the battery in an effort to obtain monetary damages. Civil liability and criminal liability are not mutually exclusive, which means that an offender may face both types of cases.

With such severe consequences, it is vital for an individual who has been arrested on a DV battery charge to immediately secure representation from a lawyer who specializes in California intimate partner violence law. It is especially important for a gay, lesbian, bisexual or transgender individual facing that situation to not only hire a domestic violence lawyer but to hire a domestic violence lawyer that is also comfortable defending a same sex battery case and understands the additional challenges that such a case may invite. The LGBT supportive attorneys at the Kavinoky Law Firm know what it takes to win and do so with skill and integrity. They are dedicated to defending all persons accused of intimate partner abuse and treat each client with the utmost compassion and respect. For legal advice about a battery charge or about any other domestic abuse issue, contact them today for a free consultation.