Domestic violence, under California law, exists when a crime is committed against an individual by that individual’s intimate partner. Intimate partners, with respect to the LGBT community, include persons who are dating, living together, civilly united, those who used to be in one of those relationships even though they no longer remain a couple and those who have children together. “Criminal threats” may therefore be charged as a domestic abuse offense when an individual, either in person, in writing or through a third person, threatens to commit a crime against his or her intimate partner that would result in serious bodily injury or death to that partner if the crime was committed. The fact that the accused didn’t actually intend to commit the crime will not serve as a defense to this crime if the partner reasonably feared for his or her safety upon receipt of the threat.

California D.V. law requires that a defendant who is placed on probation for making a criminal threat against his or her intimate partner attend a batterer’s class. The offender will be required to attend class for a two-hour period at least once a week for a year. These classes are designed to help people convicted of intimate partner abuse learn to better control their anger and abusive tendencies.

Batterer’s classes are conducted in either all female or all male settings, are available to people of all economic classes and can be specific to sexual orientation if requested. California regulates each class’s program to make sure that each class covers the same material regardless of its location in the state. Classes address the dynamics of power and control, socialization, gender roles, the nature of violence and the effects of abuse on children and others. Included in these broad topics are discussions about different types of abuse, which include emotional, physical and sexual abuse, economic manipulation or control, threatening a partner, the destruction of property and other acts that affect the well-being and safety of the family.

Batterer’s classes are designed to teach a person who has been convicted of a domestic violence crime to walk away from a potentially violent situation. In order to achieve this objective, the facilitators encourage their students to examine their lives to gain a deeper understanding about why they need to be in control. If successful, the offender learns that he or she cannot control a relationship through violence or intimidation and further learns effective ways to communicate and restore balance within his or her intimate relationship.

The defendant’s progress will be monitored by the court and will be considered unsatisfactory if the defendant either blames his or her partner for the abuse or in any other way attempts to shift his or her personal responsibility. When this type of denial or attitude exists, the class leader will confront the individual who has taken such a stance and will refute his or her justification for threatening or intimidating his or her intimate partner. The offender will also receive information about the destructive impact that domestic abuse has on self-esteem and on children who are either victims of or witnesses to such abuse.

The caring GLBT supportive, criminal defense lawyers at the Kavinoky Law Firm understand that attending a batterer’s program may be one of the most difficult conditions of probation for some of their clients to fulfill. With their compassion and sympathy, they will try to make this difficult time a little easier and will make sure that their gay clients are matched with classes that will be sensitive to their unique needs and concerns with respect to same sex domestic violence. They have law offices in Los Angeles and throughout California, making their expert legal advice conveniently available to anyone in need of a California domestic violence attorney. For questions about a batterer’s class or about a criminal threats charge, contact them today for a free consultation.