Domestic violence, in California, applies to crimes that are committed against one’s intimate partner. Gay and lesbian intimate partners include persons who are or were civilly united, are or were living together, are or were dating and who have children together. A defendant charged with most DV crimes will have more restrictive release conditions than a person who was charged with a different type of crime and will face certain mandatory terms of probation that are imposed only on persons convicted of intimate partner abuse charges. These terms include the booking process, fines, classes and/or counseling, being restrained by a criminal protective order and a host of other penalties, depending on the specific crime. Clearly, it helps to hire a qualified criminal defense lawyer immediately upon an intimate partner’s criminal accusation who can help a defendant navigate the criminal courts system with ease, understanding and, above all, success.

The unparalleled attorneys at the Kavinoky Law Firm specialize in intimate partner abuse crimes and are located throughout the state to conveniently serve anyone in need. They receive on-going training and education in this specific and technical area of the law and are well equipped to handle any domestic violence case that comes their way. They are LGBT-friendly and will aggressively protect the rights of anyone accused of domestic abuse.

Domestic abuse crimes have certain evidentiary issues that are common in almost all cases and unique to DV related crimes. For example, in most criminal cases, the defendant’s prior criminal conduct is excluded from evidence. In an intimate partner violence (IPV) case, however, it is admissible, which may lead a jury to conclude that if a defendant acted in a certain manner in the past, he or she was likely to do so again. Another example is with respect to the admissibility of hearsay. In most criminal cases, hearsay is inadmissible, yet when a defendant committed a crime against his or her intimate partner, hearsay will be admitted and can be devastating to the defense. An attorney who specializes in IPV is prepared to effectively tackle these issues.

Another reason to hire a defense lawyer who has experience with California’s domestic violence laws is because there are witness issues that frequently arise in these types of trials. Due to the very nature of intimate partner relationships, many D.V. crimes are based on highly charged, emotional incidents that, more often than not, occur in private outside the presence of witnesses. Such being the case, it is crucial to have an attorney who excels in witness examination and cross-examination to make sure that discrepancies in testimony and any false allegations are revealed when witnesses exist. On that note, false accusations are, unfortunately, common in IPV crimes, because statistics reveal that many times both partners are abused and abusive and will do anything they can to exert power over the other. Keeping the jury in mind, a skilled domestic violence attorney knows when to gently examine a witness and when to take the gloves off and attack.

An experienced California domestic violence attorney will also be familiar with recanting victims and Battered Person’s Syndrome and the difficult challenges they pose for the defense. A defense attorney without this special knowledge will be at a severe disadvantage if presented with either during a trial.

DV defendants climb an uphill battle against the jury. Factor in additional issues, such as a homophobic and/or hostile judge or jury that gay and lesbian individuals may encounter, and the hill becomes even steeper. It is therefore critical that a person facing a same sex domestic violence charge hires a lawyer who not only specializes in I.P.V. but who can effectively challenge any stereotypes or feelings of indifference that a judge or jury may have. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. Contact the California D.V. attorneys at the Kavinoky Law Firm today for a free consultation.