“Criminal threats” is a California domestic violence charge when the recipient of the threat is the intimate partner of the individual who issued the threat. Persons involved in same sex relationships are intimate partners if they are or were civilly united, if they are or were dating, if they are or were living together or if they have children together, and this definition applies to both civil and criminal law. A domestic abuse charge based on criminal threats may be filed when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to the partner.

“Criminal threats,” in a criminal court, is a charge that would be filed by a prosecuting agency, not by the alleged victim, as many incorrectly believe. Criminal law requires that a defendant must be found guilty “beyond a reasonable doubt” (which is the highest burden of proof that exists) before he or she can be convicted and a guilty verdict must be unanimous.

Civil procedure allows the alleged victim (who becomes known as the plaintiff) to directly sue his or her intimate partner for threatening him or her in a manner that caused emotional distress. It should be noted that this relief is in addition to any criminal liability that the defendant faces. “Crimes” are referred to as “torts” or “wrongs” in civil court. Civilly, the defendant may be found liable based only on a “preponderance of the evidence” (which means a greater than 50% chance) and the verdict must only be reached by three-quarters of the jury.

In a criminal court, a defendant who is convicted of this charge faces up to one year in county jail or prison, depending on whether the crime was charged as a misdemeanor or a felony, and faces several additional penalties as well because of the fact that it is an intimate partner abuse crime.

Civil penalties include substantial fines but no imprisonment. The individual may be required to pay up to three different types of monetary damages to his or her intimate partner for threatening him or her. When an exact dollar amount can’t be calculated for the wrong caused to the intimate partner, the partner will be awarded “general” damages. Damages for “pain and suffering” are typically awarded under this category. If the recipient of the threat has out of pocket expenses (such as hospital bills or the cost to replace or repair any damaged personal property) that were incurred as a result of the threat, he or she would be entitled to “special” damages. The third type of damages that the intimate partner may be awarded are “punitive” damages, which are imposed to punish willful or malicious misconduct and are awarded over and above special and general damages. A defendant found civilly liable may also be ordered to pay for his or her intimate partner’s attorney’s fees.

Civil penalties will also likely include the issuance of a civil protective order in addition to monetary damages if it is proven that the plaintiff is reasonably in danger. A civil protective order is like a criminal protective order in that it will likely prohibit the offender from coming within a certain distance of the plaintiff to prevent further threats or abuse.

Threatening an intimate partner has many serious consequences, both civil and criminal. With that in mind, it is critical that an individual accused of this crime contacts a California domestic violence lawyer who can effectively defend against the charge. The GLBT supportive attorneys at the Kavinoky Law Firm specialize in California’s intimate partner abuse crimes and have successfully defended countless individuals. They treat each client with the respect and compassion that he or she deserves and demand the same from the legal system. With law offices in Los Angeles and throughout California, they are equipped to aggressively tackle any criminal case and can provide referrals for civil defense attorneys where appropriate. Contact them today for a free consultation.