Gay Domestic Violence - Gay Domestic Violence

California’s domestic violence laws are the same for same sex couples and heterosexual couples. The laws apply to all crimes that are committed against one’s intimate partner. Gay and lesbian intimate partners include couples civilly united, people who have children together, people who are dating or were formerly dating and people who are or were living together. An intimate partner violence (IPV) charge may arise out of a harmless situation that spiraled out of control and resulted in an emotional, highly charged incident. The accused is often left feeling very frustrated, either as a result of also being abused or because the accuser is portrayed as blameless. After the arrest, there are several steps that a defendant should take to ensure that a judge and/or jury hear his or her side of the story.

Hiring the right attorney when facing a California D.V. conviction is extremely important. To help avoid the many severe consequences that such a charge carries, it is imperative to contact a skilled criminal defense lawyer as soon after the arrest as possible to allow the attorney to analyze evidence and question witnesses while the incident is still fresh. An experienced attorney from the Kavinoky Law Firm examines each case and works with the individual to devise the best possible defense. Hiring a compassionate attorney who is familiar with same sex IPV and the unique issues that homosexual partners may face is also vital to one’s defense.

A good attorney will guide the accused through the release process. If the lawyer can get his or her client released from custody, there are several significant advantages to defending a case while out of custody, in addition to the obvious benefit of regaining one’s freedom, and include slowing down the criminal process. Often times, memories fade, witnesses recant and the strength of the prosecution’s evidence lessens over time. An aggressive attorney will note these discrepancies and highlight them for the judge and jury.

As soon as the incident is reported, it is imperative that the accused begins keeping a detailed diary of all the events that led to the incident, the details about the incident itself and about everything that happened after the incident up until the police arrived. Note taking is critical because most domestic abuse charges involve “he said, she said” allegations and it is often the one who clearly remembers and can articulate the events surrounding the incident who is believed. Once written, the defendant should then turn the diary over to his or her lawyer to ensure its safe-keeping.

An experienced California defense lawyer may work with a private investigator to help gather all the pertinent facts. Private investigators are often former law enforcement officers who know the criminal system inside and out and know how to effectively question witnesses and uncover facts that are essential to the defense’s case. The investigator submits his or her findings directly to the attorney, helping the attorney to more fully develop the defense strategy.

The attorney and investigator will diligently search for and successfully obtain all records, reports and photographs that are related to their client’s case. This includes any medical reports for the defendant or the accuser, any pictures that were taken by either party or by the police of any physical injury or property damage and any other evidence deemed relevant by the attorney as it relates to the specific charges. Once all the evidence is collected, the skilled defense attorney can develop the most comprehensive and effective strategy to ensure that the defendant’s side of the story is not only heard but also believed.

When arrested for a same sex intimate partner abuse charge in California, the defendant faces life-altering consequences, as his or her family, career and freedom are all jeopardized. Contact a highly reputable and qualified defense attorney from the Kavinoky Law Firm today for a free consultation.