When an individual willfully and unlawfully uses force or violence upon his or her intimate partner, no matter how slight, he or she may be charged with battery as a California domestic violence crime. One’s GLBT intimate partner may be his or her partner in a civil union, the person with whom he or she has children, the person with whom he or she lives or the person whom he or she is dating. California’s D.V. laws even apply to intimate partners who no longer remain together, so long as they shared one of these listed relationships at one point in time.

Domestic abuse cases share a variety of common features, including issues that frequently arise during trial. Some of these issues are specific to crimes of intimate partner abuse and aren’t applicable to other types of crimes. This is one of the reasons that it’s crucial for an individual who is accused of an intimate partner violence crime to hire a California criminal defense lawyer who specializes in this technical area of the law. The gay-friendly attorneys at the Kavinoky Law Firm have successfully defended numerous DV cases with skill and integrity and know what it takes to defeat a battery charge.

The following are some of the issues that are likely to arise in an intimate partner abuse battery case:

Battered Person’s Syndrome is a recognized psychological condition that has become quite popular as both a defense for an abused partner’s actions and as a weapon against the alleged abuser. Although it traditionally referred to a battered woman involved in a heterosexual relationship, it is also applicable to an abused man or woman involved in a gay, lesbian, bisexual or transgender relationship.

Physical evidence can make or break a case. To prove the crime of battery, it isn’t necessary for the victim to have suffered an injury. As a result, physical evidence (or the lack thereof) may be very useful to help prove either party’s side of the story.

DNA evidence may be used to either convict or acquit the defendant. It is imperative that an individual charged with committing a battery against his or her intimate partner hires an attorney who understands this type of scientific evidence so that he or she may effectively argue its virtue or the reasons why it should be discredited.

Recanting victims are almost expected by the prosecution in a DV case because they are so common. There are several legitimate and illegitimate reasons why the accuser may take back his or her original allegations and a skilled defense attorney will be able to handle the situation in a light favorable to his or her client.

Eyewitness accounts may be helpful if and when they exist, depending on the credibility of the witness. It is the role of the defense lawyer to turn any witness into a defense witness who will ultimately help his or her client.

Hearsay (including 911 calls) is admissible in a D.V. trial, even though it is excluded in most other criminal trials. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows what arguments to make against its admission or how to downplay or refute its worth.

Domestic violence law is specific and technical, which is why it is critical to have a lawyer who is skilled and experienced in this area of the law. It is even more important for a non-heterosexual to hire an attorney who not only excels in this type of law, but who is also comfortable defending an individual involved in a same sex relationship and who understands the added challenges that this presents and how to successfully meet those challenges. Contact the unparalleled LGBT supportive attorneys at the Kavinoky Law Firm today for a free consultation.