In California, a crime will be prosecuted as one of domestic violence if it is committed against one’s intimate partner. LGBT intimate partners are those who are or were civilly united, those who are or were living together, those who have children together and those who are or were dating. It therefore follows that if an individual willfully uses violence or force upon his or her intimate partner, he or she may be charged with battery as a crime of domestic abuse.

Battery, even when filed as a DV crime, has no requirement that the complaining witness suffered an injury. As a result, an individual could choose to charge his or her partner with this crime with very little evidence. Domestic violence statistics reveal that many partners involved in abusive relationships are both victims and both abusers. Because of this fact, there are some individuals that will do whatever it takes to assume power over the other, even if it means falsely accusing them of a crime. Once this happens and the police are involved, the partner may be unable to take back his or her accusation, as the individual gives his or her power to the prosecutor and judge, as only they can choose to “drop the charges” at that point. If an accuser wishes to recant his or her allegations, it is advisable that both partners consult with a criminal defense lawyer who is experienced in dealing with this type of delicate situation and the potentially devastating issues that it creates.

When the accuser decides, for whatever reason, that he or she was in the wrong when calling the police, turning to a qualified attorney is the best defense. The trusted, gay-friendly attorneys at the Kavinoky Law Firm will speak to both partners and will decide the best course of action, depending on the couple’s circumstances. They understand that sometimes the accuser may have had second thoughts about going forward with the couple’s sexual identity and will diligently try to work out a deal with the prosecutor so that the couple doesn’t have to endure a public trial. The attorneys also know that in other situations, the accuser may regret his or her actions, as they might have been initiated out of anger, jealousy or revenge and not based entirely on the truth. That individual may think that he or she can help his or her partner by either not cooperating with the police/prosecution or by recanting his or her allegations on the stand. Unfortunately, that is incorrect and can even make the situation worse for the accused.

Recanting witnesses allow the prosecutor to argue that the defendant is even more abusive that the judge and/or jury may have thought. When the alleged victim recants, the prosecutor hires an expert witness, who may specialize in battered person’s syndrome, to testify that the accuser has either recanted out of fear for what his or her partner might do to that individual if he or she didn’t recant or that he or she recanted because the defendant threatened him or her into doing so.

Recanting witnesses can be extremely harmful to the defense, even if well intentioned. If the individual accused of battery knows that his or her partner intends to recant on his or her own freewill, he or she should immediately contact an attorney who specializes in California crimes of domestic violence for legal advice. The GLBT supportive attorneys at the Kavinoky Law Firm are dedicated to helping their clients resolve their legal issues with as much ease and as little inconvenience as possible. They understand the intense emotions that often lead to battery allegations and can help convey their client’s story to the judge and jury in a way that makes them understand that the case before them was simply a situation between two partners that quickly spiraled out of control. Contact them today for a free consultation.