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California domestic violence defense lawyer Darren KavinokyCalifornia domestic violence defense lawyer Darren Kavinoky
 
 
Intimidating an Intimate Partner | Batterer’s Classes
Batterer’s Classes and their
Role in a Probationary Sentence

California’s intimate partner abuse laws are applicable to offenses that are perpetrated against one’s intimate partner. This means that even though intimidating a witness or victim would not typically be classified as a domestic violence crime, it will be when the victim or witness is the intimate partner of the accused, subjecting the accused to some very specific penalties. With respect to the LGBT community, intimate partners are those who have children together, those who are or were living together, those who are or were civilly united and those who are or were dating. Intimidating an intimate partner may be charged when an individual makes any attempt to dissuade his or her intimate partner from participating in a criminal proceeding at any stage. Depending on the circumstances, this offense may be charged as a misdemeanor or a felony and, in either case, will have certain probationary terms that follow because of the fact that it is a DV crime.

Batterer’s classes are one of the probationary terms that will be imposed when an individual is convicted of intimidating his or her intimate partner. These classes are taught in all male or all female settings and a gay, lesbian, bisexual or transgender individual can enroll in a class that is also sensitive to the unique issues that coincide with same sex domestic violence. The classes meet for two hours on a weekly basis and the accused will be required to attend classes for at least one year. They are regulated by California so that the same curriculum is followed for all defendants, regardless of where they live within the state, helping to ensure that the classes are being taught in the same manner and hopefully achieving the same outcomes.

Batterer’s classes have one goal – to end the cycle of domestic violence. The class facilitators try to achieve this goal by teaching their students effective ways to learn to walk away from explosive situations before they resort to force or violence. The leaders ask their students to carefully examine their lives to gain insight as to why they use violence to control their partners. While participating in this exercise, the teachers address issues such as the nature of violence, how gender roles and socialization affect one’s upbringing, the effects of abuse on children and others and the dynamics of power and control. They further explain that there are different types of abuse and that they are all equally damaging. They explore physical abuse, emotional abuse, financial abuse and child abuse. If the goal is obtained, the individual recognizes that he or she shouldn’t control his or her partner (or other friends/family members) by using force or intimidation and instead has been taught new, more effective ways to deal with his or her partner in a violence-free way.

The court monitors the defendant’s progress in the classes and will not release the defendant from probation until he or she has “successfully” completed this requirement. Reports that state that an individual hasn’t learned accountability are not acceptable. The judge wants to know that the defendant isn’t blaming his or her partner for the abuse or trying to justify his or her conduct in any way. If the court determines that the defendant isn’t benefiting from the program, it may revoke this condition and sentence the defendant to the maximum sentence allowed by law with respect to intimate partner intimidation, which could be up to four years in prison.

Batterer’s classes make up only one part of a defendant’s probationary sentence but can be the most rehabilitative if he or she is open to its teachings. The trusted, GLBT supportive attorneys at the Kavinoky Law Firm have law offices in Los Angeles and throughout California, which allows them to help connect their clients with a wide variety of classes that will meet their individual needs. For legal advice about an intimate partner intimidation charge or about any other same sex D.V. matter, contact them today for a free consultation.

 
 
 
 
 
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