Within the gay, lesbian, bisexual and transgender community, domestic violence laws, in California, apply to intimate partners, regardless of whether the partners remain a couple. Intimate partners have children together, are or were cohabitating, are or were dating and are or were civilly united.

Although the punishment associated with domestic abuse convictions will vary depending on the specific D.V. crime committed, there are certain penalties that are common to all intimate partner abuse crimes. The following is a summary of the most frequently imposed consequences that one faces when charged with any intimate partner violence crime in California.

Fines and/or jail or prison time will always accompany a domestic violence conviction. The amount of the fine will depend on the crime committed and the amount of jail or prison time will depend not only on the crime committed but on the severity of the offense as well.

Aggravating factors (facts that make a crime even more serious) and/or prior DV convictions will likely make any intimate partner abuse sentence even more severe. Certain “sex crimes” that are committed for the purpose of sexual abuse, sexual gratification or sexual compulsion will require that a convicted defendant register as a sex offender.

There are certain personal restrictions that may result from an intimate partner violence conviction as well. A licensing board may impose professional-licensing restrictions if the crime for which one was convicted is substantially related to his or her job or if the individual is a member of certain professions that have blanket rules regarding specific criminal convictions. Firearm restrictions will also be imposed immediately upon anyone arrested for a domestic violence crime and will remain in effect unless he or she is acquitted of the charge.

Punishment for an individual charged with an I.P.V. crime isn’t limited to criminal prosecution, as an accuser may also sue his or her abuser in civil court. Civil remedies include civil protective orders and monetary damages.

Probation, either informal or formal, depending on whether the crime was charged as a misdemeanor or as a felony, will usually be offered to a defendant who has been convicted of a domestic abuse crime and will remain in effect for at least three years. During the individual’s probationary period, he or she will be required to fulfill a number of conditions.

A defendant placed on probation will immediately go through the booking process, which means that he or she will be fingerprinted, photographed and entered into a criminal database if he or she wasn’t previously booked at the time of his or her arrest. He or she will also immediately have a criminal protective order issued against him or her to prevent further acts of abuse toward the victim, and the victim in the case will be notified about the defendant’s conviction.

In addition to the procedural conditions just described, the convicted defendant must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. In lieu of any optional fines (but not in lieu of the $200 payment just described), the court may also order the defendant to pay up to $5,000 to a battered person’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

The consequences for an intimate partner abuse conviction also include attendance in a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

To best avoid these consequences, it is imperative that an individual accused of a DV crime hires an attorney who specializes in California domestic violence law. Contact the GLBT supportive, criminal defense lawyers at the Kavinoky Law Firm today for a free consultation and for exceptional representation.