Domestic violence laws include a variety of crimes that are committed against one’s intimate partner. Intimate partners, within the LGBT community, include those who are or were living together, those who are or were dating, those who are or were civilly united and those who have children together. In California, if an individual makes a criminal threat against his or her intimate partner, he or she will be charged with criminal threats as a domestic abuse violation. “Criminal threats” is charged when an individual threatened, either verbally or in writing, to commit a crime against his or her intimate partner that would result in serious bodily injury or death to that partner. It does not matter if the accused actually intended to carry out the threat, only that he or she made it and that it was clear enough that the partner reasonably feared for his or her own safety or for the safety of his or her family. Depending on the circumstances of the charged incident, a defendant convicted of this crime faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison and will additionally face a variety of DV-specific consequences.

DNA evidence plays a vital role in convicting suspects and in clearing the falsely accused. A person’s DNA (deoxyribonucleic acid) remains constant throughout his or her life and is specific only to that individual. No two people, with the exception of identical twins, have the same DNA, which is why this evidence is so valued. If someone’s DNA can be collected from a crime scene or from physical evidence related to the allegation, it can either link the accused to the crime or exclude him or her from being involved in the crime.

DNA is found in virtually every cell in the body and may be easily collected from one’s blood, saliva, bone, skin tissue or hair. In a D.V. criminal threats case, DNA would likely be found in the saliva on a licked envelope that contained the threatening letter or on the accuser’s body or clothes if there was physical contact between the defendant and his or her intimate partner at the time of the alleged offense. If the defendant’s DNA can be retrieved from anything that was connected to the charged incident, it may be easier to convict that individual for the crime. However, if someone else’s DNA was found on that envelope or on the partner’s body or clothes, it may be easier to clear the accused of that crime.

DNA evidence can, however, pose a problem in an intimate partner abuse case. Because of the fact that the alleged perpetrator and alleged victim are often involved in an ongoing relationship and may perhaps even live together, DNA will likely be found in locations that may seem relevant to the charge even though it would be found there anyway. Experienced California domestic violence lawyers understand this and know how to effectively address this type of scenario with the judge and jury when applicable so that they aren’t misguided by the sheer presence of DNA evidence.

The GLBT supportive attorneys at the Kavinoky Law Firm specialize in domestic violence law and have mastered the evidentiary issues, such as DNA evidence, that frequently arise during these types of cases. Not only do they provide the most comprehensive defenses available, but they do so with integrity and compassion. They sympathize with their homosexual clients who may have unique fears and/or concerns about facing an oppressive legal system that may unfairly judge their lifestyle and will do their best to ensure that every client receives a fair trial. They have law offices in Los Angeles and throughout California, which allows anyone in need of a gay-friendly California domestic violence attorney to conveniently access their services. Contact them today for a free consultation and for exceptional representation.