Domestic violence crimes apply to offenses in California that are perpetrated against one’s intimate partner. Same sex intimate partners are partners who are or were dating, are or were living together, are or were civilly united and partners who have children together. When an individual attempts to or succeeds in dissuading his or her intimate partner from participating in a criminal proceeding during any stage of the proceedings, he or she will likely be charged with the domestic abuse crime of intimidating an intimate partner. This charge, when filed as an intimate partner abuse crime, has certain issues that are likely to arise during the course of a trial. One of those issues is battered person’s syndrome.

Battered person’s syndrome – BPS – is a validated psychological condition that is used to describe an individual who has been relentlessly and consistently abused. It has traditionally been called battered woman’s syndrome, battered women’s syndrome or BWS and was originally only applied to straight women who were abused by their straight boyfriends or husbands. However, our society is beginning to acknowledge that same sex domestic violence occurs with as much frequency as heterosexual domestic violence and non-heterosexual victims suffer from the same mental and emotional conditions as do their straight counterparts. As a result, battered person’s syndrome is applicable to both men and women who have been chronically abused by their same sex intimate partners.

Battered person’s syndrome frequently arises in one of two ways in a DV case and, because of that frequency, it is important for the defendant to have a California domestic violence attorney who is familiar with battered person’s syndrome should it and its effects be introduced into evidence. The first way it can be used, which is how it was originally used, is as a defense to the abused partner’s actions when the abused partner is the defendant in a case. In that type of situation, it is used to explain why the defendant may not have had the necessary criminal mental intent to commit the charged offense, but rather was forced into using violence as a means of self-defense. The second way that it may arise is the way that it might be used in an intimate partner intimidation case.

Battered person’s syndrome, when introduced by the prosecution in this type of case, is used as a way to show just how abusive the defendant truly is. It will generally be offered as evidence, through the testimony of an expert witness, if the alleged victim recants his or her original story. The state’s expert will testify that the alleged victim suffers from BPS and has therefore recanted because he or she was either forced or threatened into doing so (which, as the basis for this charge will be sure to carry a lot of weight with the jury) or because he or she fears what further abuse will take place if he or she doesn’t take back or deny his or her original accusation.

A savvy California domestic violence lawyer will minimize the effect that BPS may have on the jury by focusing on and highlighting all of the evidence that is favorable to his or her client. This is one reason why it is imperative that the accused contacts one of the experienced, GLBT supportive attorneys at the Kavinoky Law Firm as quickly as possible after his or her arrest. Their skilled criminal defense lawyers anticipate when battered person’s syndrome will be introduced in this type of trial and will therefore prepare the appropriate defenses. With law offices in Los Angeles and throughout California, they are available to defend anyone in need of a California criminal defense lawyer and are well equipped to handle any D.V. intimidation case that comes their way. For legal advice from a firm that is dedicated to successfully defending the rights of their clients, contact them today for a free consultation.