| 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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