California’s domestic violence laws apply to all crimes that are committed against one’s intimate partner. With respect to the GLBT community, intimate partners are those who are or were civilly united, those who have children together, those who are or were living together and those who are or were dating. When an individual uses force or violence upon his or her intimate partner, he or she could be charged with battery, which would be prosecuted as a crime of domestic abuse.

Because of the private nature of intimate partner abuse, especially between same sex partners, many instances of battering occur outside the presence of witnesses. As a result, many arrests are made based simply on the word of the accuser, because many victims of battery don’t actually sustain any injury. Witnesses, therefore, can help prove or disprove the accused partner’s guilt if and when they exist.

Witnesses, when testifying in court, take an oath to tell the truth. They are supposed to relay to the judge and/or jury exactly what they witnessed without implying favor or disdain for either party. While that is the goal, it is rarely accomplished, especially in a D.V. case. Witnesses usually have a preference for one of the parties and may try to “help” that individual by embellishing their testimony to help prove that person’s side of the story. As a result, it is up to a good criminal defense lawyer to use a witness – any witness – to his or her advantage. The attorney should be able to take a witness presented by the prosecution and point out discrepancies within his or her testimony, attack his or her credibility where appropriate and address any biases that came through during that witness’s testimony. Similarly, a knowledgeable defense attorney will prepare a witness that he or she intends to have testify and will ensure that he or she knows how to properly answer questions from both attorneys without getting tripped up by the prosecutor’s cross-examination.

Witnesses may sometimes witness the charged incident, but may not have been present for the events that lead to the battery. The problem with this is that the battery that they witnessed may have been interpreted out of context if they didn’t have full knowledge of what took place before the incident. This is another reason why it is so important for the accused to have an attorney who specializes in California crimes of intimate partner violence. The experienced attorney understands that most instances of battery occur either during or immediately after a highly emotional argument that simply took a turn for the worse. The attorney will reveal that a witness testifying on behalf of the prosecution may not have as much information about what he or she witnessed as he or she thought and will ensure that the defendant’s side of the story – the whole story – is conveyed to the judge and/or jury.

Witnesses can be extremely dangerous to the defense in a battery case if there is not a skilled attorney representing the accused. It is imperative for the accused, especially if there were witnesses present for the charged incident, to hire a defense lawyer who not only has experience with DV cases, but who excels in witness preparation and cross-examination as well. The LGBT supportive attorneys at the Kavinoky Law Firm provide exceptional representation to their clients who have been accused of battering their intimate partners, priding themselves on their witness examination skills. They receive constant training with respect to domestic violence and the issues that frequently surround these types of cases, which keeps them ahead of the rest. They further understand the special needs and concerns that their gay, lesbian, bisexual and transgender clients may have regarding an allegation of same sex abuse and are comfortable and qualified to handle each and every one in the most effective manner. Contact them today for a free consultation and to secure the very best representation.