Infliction of injury may be charged when a GLBT individual willfully inflicts any amount of force upon his or her intimate partner. An intimate partner, defined under California’s domestic violence laws, is the person to whom one is civilly united or was formerly civilly united, a person with whom one lives or lived and a person with whom one has children.

In an intimate partner abuse case, there are several evidentiary issues that frequently surface. Because the consequences of an infliction of injury conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who is kept up-to-date on the latest applicable case law and cutting-edge trial strategies. The gay friendly attorneys at the Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive on-going training to make sure that they maintain their reputation for being the best. They not only know the intricacies behind each and every evidentiary issue that may arise, but they know how to successfully use each to their client’s advantage.

The following are some of the issues that are likely to arise in an infliction of injury case:

Battered Person’s Syndrome (traditionally called battered women’s syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Battered person’s syndrome is applicable to anyone, including gay, lesbian, bisexual or transgender partners who are involved in a relationship affected by domestic violence.

Physical evidence can be a huge issue in an infliction of injury case. In order to convict a defendant on this charge, there must be some injury, even if only minor. Photographs or medical records showing actual injury are helpful to the prosecution if and when they exist. A skilled criminal defense lawyer knows the appropriate arguments to make to try to exclude such evidence.

DNA evidence is playing a larger role than ever before in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.

Recanting victims are very common in infliction of injury cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows 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 attorney.

Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the incident that led to the charge. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are often admitted into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Because domestic violence law is so technical and complex, it is critical to hire an attorney who is qualified, skilled and experienced in this area. It is even more crucial for a non-heterosexual defendant to make sure that he or she hires an attorney who not only specializes in D.V. law, but who additionally understands the challenges that such an individual may face in a system plagued by both ignorance and intolerance. To secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the unparalleled LGBT supportive attorneys at the Kavinoky Law Firm for a free consultation.