“Criminal threats” qualifies as a California domestic violence crime when committed against one’s intimate partner. It will be charged when an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner if committed. Intimate partners involved in a LGBT relationship are those who have children together, those who are dating, living together and civilly united or those who were previously involved in one of these relationships even though they no longer remain together. If convicted for making criminal threats, the defendant faces up to one year in the county jail or state prison, depending on whether the charge was sentenced as a misdemeanor or a felony. In addition, if the offender is granted probation, he or she will face further penalties that must be imposed in connection with any intimate partner abuse conviction.

Probation for an individual convicted of making a criminal threat against his or her intimate partner will last for at least three years. Probation will be formal if the charge was sentenced as a felony or informal if it was sentenced as a misdemeanor. During that time, the convicted individual is responsible to follow through with certain specified conditions and must complete all requirements without further violating any laws.

Following his or her conviction for criminal threats and once placed on probation, the defendant must get “booked” within one week if he or she wasn’t booked prior to conviction. This means that the defendant must be fingerprinted, photographed and entered into a criminal database. A criminal protective order will also be immediately issued against the offender to prevent additional threats or abusive behavior towards his or her intimate partner. Depending on the facts that surrounded the charged incident, a judge may impose a residence exclusion and/or stay-away conditions as well.

Terms of probation for a DV-related offense also mandate that the defendant pay certain fines when convicted and placed on probation. The offender will be required to pay a minimum of $200 to various domestic abuse funds throughout the state. His or her ability to pay will be taken into consideration by the court when it imposes this condition.

Probation for an individual convicted of issuing criminal threats against his or her intimate partner must also attend a batterer’s class. The offender must attend at least 52 two-hour weekly classes and, depending on the circumstances that surrounded the charge and the defendant’s personal history, a judge may also order the defendant to attend a drug and/or alcohol program. A specified number of hours of community service will also be required.

Before a judge will modify, terminate or revoke probation, he or she will consider the defendant’s ability to comply with its terms and his or her willingness and diligence in doing so. If the court doesn’t think that the defendant is appropriately progressing, it may revoke probation, which means that the maximum one-year jail or prison sentence will likely be imposed. A skilled California domestic violence lawyer will help keep these requirements to a minimum and will argue against modification or revocation when it is in the best interests of his or her client to do so.

The GLBT-friendly attorneys at the Kavinoky Law Firm sympathize with their clients and treat each with compassion and respect. They will do their best to guide their clients through the probation process with ease, helping to ensure that each client completes his or her requirements as conveniently as possible. With law offices in Los Angeles and throughout California, they have the ability to provide their excellent legal advice to anyone in need of a criminal defense lawyer and have a wide variety of statewide resources to ensure that any classes and/or counseling services that their gay clients must attend will be supportive of their same sex relationships and will be sensitive to their unique needs and concerns. Contact them today for a free consultation and for unbeatable representation.