California domestic violence crimes are crimes that involve intimate partners. Same sex intimate partners include people who have children together, people who are or were living together, people who are or were dating and people who are or were civilly united. It follows that “criminal threats” will be charged as a DV crime when a person threatens to commit a crime against his or her intimate partner, which, if committed, would result in death or serious bodily injury to that partner. The threat can be conveyed in almost any manner as long as the partner receives it and the partner reasonably feared for his or her safety as a result. It is not a defense that the accused didn’t actually intend to carry out the threat.

Hearsay is a legal term that refers to “out of court” statements that a lawyer subsequently tries to offer as evidence “in court” during a trial. In order for the statements to qualify as hearsay, they must be introduced for their truth. In a typical criminal proceeding, if the court determines that the statements are, in fact, hearsay, it will likely rule that the statements are inadmissible, the rationale being that a witness should only testify to things about which he or she has actual, personal knowledge. However, California permits hearsay, including 911 telephone calls, to be admitted into evidence in intimate partner abuse trials.

Hearsay, in a criminal threats trial, allows into evidence statements that were made by the accuser at the time he or she was being threatened or immediately after the charged incident. The reason that this exception exists for domestic abuse cases is because it is believed that a victim who is experiencing abuse would lack the opportunity to reflect on or fabricate the facts. Obviously that rationale doesn’t always hold true, as many domestic violence 911 calls have been placed based on made-up allegations in an effort to control or punish one’s partner or were placed out of anger, revenge or jealousy. In any event, the statements are allowed into evidence and, as a result, the prosecutor will no doubt play a recording of the 911 call and have the investigating officer read the accuser’s statements to the jury.

As is true with any area of the law, even exceptions have exceptions, which is why is it critical for the accused to have a California domestic violence lawyer who is familiar with domestic abuse cases and the evidentiary issues that frequently arise in these types of trials. The skilled GLBT supportive attorneys at the Kavinoky Law Firm pride themselves on keeping up with current case law and cutting edge trial strategies. They frequently participate in training seminars that relate to intimate partner violence, giving them a leg up on the competition. As a result, when a prosecutor tries to introduce hearsay and 911 calls in a criminal threats trial, they are prepared to effectively argue for their admission or exclusion depending on which result would provide the most favorable outcome for their client. They are dedicated to protecting the rights of all their clients, which means that they will treat each client with the compassion and respect that he or she deserves and will be supportive of their LGBT clients who may have special needs and/or concerns about what might lie ahead. With law offices conveniently located in Los Angeles and throughout California, they are able to provide their outstanding legal advice and representation to anyone in need of a gay-friendly, California domestic violence attorney.

Because of the complex and technical rules (and the exceptions to those rules) that come into play in a California D.V. case, having an experienced and qualified criminal defense lawyer who knows how to tackle tricky evidentiary issues is critical. Contact the Kavinoky Firm today for a free consultation and for the best representation.