California’s domestic violence laws apply to intimate partners. Same sex intimate partners are people who have children together, who are or were living together, who are or were dating and who are or were civilly united. It is the nature of these types of intimate relationships that cause such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury believe that that was the case.

In California, once the police are called to investigate an intimate partner abuse situation, someone will usually go to jail and be charged with a crime. Without much exception, it is usually the person who called the police that will be labeled the “victim” and the partner who will be labeled the “abuser”. It is the “victim” who gets the ball rolling on the criminal charge, but it is the police, prosecuting agency and judge who take it from there. This means that once the police are involved and an arrest has been made, the “victim” no longer has the legal authority to put an end to the case, as it is not the victim who actually “presses charges,” it’s the state. If the “victim” genuinely doesn’t want to move forward with the case, it is imperative for both partners to immediately contact a skilled, GLBT friendly criminal defense lawyer from the Kavinoky Law Firm to avoid the surprisingly devastating effect this can have on the defendant.

If the “victim” chooses on his or her own free will (meaning that the defendant hasn’t threatened or intimidated the partner, which is another crime in and of itself) that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, the prosecution usually expects that a victim in a D.V. case will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an experienced domestic violence attorney.

A partner in a domestic abuse case can’t choose to remain silent if called to testify. The “right to remain silent” doesn’t apply in this situation, as it only applies to self-incrimination. Additionally, if the partner either doesn’t show up to court or simply refuses to actually speak once questioned, that leaves the individual open to being personally charged with other crimes. It also allows the prosecutor to introduce a tape recording of the actual call to the police as well as any statements made to the police during the initial investigation without response from the individual who made the statements. Since these statements were made in the heat of the moment and possibly stemming from an inappropriate motive, these statements can be devastating to the defense. In addition, when the partner recants, the prosecutor usually calls an expert witness to testify about the cycle of abuse and to testify that the victim is recanting because he or she has either been threatened by the “abuser” into doing so or because the victim is afraid of what further abuse might take place if he or she doesn’t recant.

A highly qualified DV attorney can help both parties navigate through the system with knowledge and compassion. Understanding that there are many reasons why a same sex couple may want to keep their private life private, the gay friendly attorneys at the Kavinoky Law Firm will do their best to protect their client’s rights and will help develop the most effective defense strategy to put an end to a terrible situation that simply spiraled out of control. Contact the firm today for a free consultation.