Battered person’s syndrome, more commonly called “battered woman’s syndrome,” “battered women’s syndrome,” “BWS,” or “BPS,” is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it has traditionally referred to a woman involved in a heterosexual relationship, battered person’s syndrome is applicable to a woman or a man involved in a heterosexual or homosexual relationship. The syndrome is frequently used in California domestic violence cases either to defend the actions of the abused partner in a self-defense type of case or as evidence against his or her abuser if the abused victim recants his or her allegations. BPS can carry a lot of weight with a jury which is why it is imperative for an individual charged with a same sex domestic violence crime to hire one of the skilled, GLBT friendly criminal defense lawyers from the Kavinoky Law Firm who specialize in California intimate partner abuse should this syndrome be relevant to that individual’s case.

There are four general characteristics of this syndrome which all involve the victim being fearful and believing that the violence is his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime, B.P.S. may be introduced as a defense to the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal intent that was necessary to commit the alleged crime or that he or she honestly believed that force was necessary to avoid a more serious injury or even death. If either of these scenarios sound familiar, contact a domestic violence attorney immediately to begin building a defense based on this syndrome.

When battered person’s syndrome is being introduced by the prosecution as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude the evidence or to at least rebut it with a defense expert witness. The prosecution usually introduces the syndrome when its “star” witness – the “victim” – decides not to testify or cooperate. The prosecutor argues, through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’t. However, a defense expert witness will help discredit the prosecutor’s theory that the “victim” suffers from B.P.S. and will rebut the prosecution’s argument by addressing the many legitimate reasons why an accuser may change his or her story.

The bottom line is that battered person’s syndrome is a condition that the courts take very seriously. In today’s society with social awareness about intimate partner violence constantly on the rise and the courts’ response of increasing penalties for offenders, it is critical to hire an exceptional lawyer. It becomes even more critical for a LGBT individual to hire an attorney who understands the special needs and privacy concerns that such a person may have and who knows how to protect that client’s rights just as assertively and skillfully as he or she would for a “straight” client. In addition, the attorney representing a gay or lesbian individual charged with a DV crime should understand the importance of hiring a defense expert witness who is comfortable applying the battered person’s syndrome to a same sex partnership. The gay friendly attorneys at the Kavinoky Law Firm have the training and experience to handle any domestic violence case. They have successfully defended countless cases with integrity, skill and compassion and will do the same for each and every client, regardless of his or her sexual orientation. Contact them today for a free consultation and to secure the best representation.