California prosecutes all crimes that are perpetrated against one’s intimate partner as crimes of domestic abuse. Intimate partners, within the gay, lesbian, bisexual and transgender community are those who have children together, those who are or were civilly united, those who are or were living together and those who are or were dating. It therefore follows that when an individual intimidates his or her intimate partner in an effort to prevent him or her from initiating or taking place in any criminal proceeding, he or she may be charged the domestic violence crime of intimidation. The criminal penalties that an individual faces if convicted of this crime include jail or prison and a variety of other consequences if placed on probation.

Civil penalties may also face an individual who has been accused of intimidating his or her intimate partner. This is because the law permits an individual to be prosecuted for his or her criminal violations and civilly sued for his or her malicious conduct, as liability for one does not preclude liability for the other. Civil penalties include monetary damages but not jail or prison time. Both civil and criminal penalties may include the issuance of restraining orders – protective orders in criminal court and civil harassment restraining orders in civil court. The orders can include the same restrictions for the accused but expire upon different conditions.

Civil penalties, as previously mentioned, are based on monetary damages. If the accused is found civilly liable for intimidating his or her intimate partner – which means that he or she has infringed on the partner’s right to partake in a criminal or civil proceeding – he or she may be subject to paying three types of damages: special damages, general damages and punitive damages. These types of damages are awarded to cover out of pocket expenses for any reasonable expenses that were incurred as a direct result of the intimidation (and may include attorney’s fees where appropriate), any pain and suffering that the alleged victim may have sustained (or any other type of injury for which an exact dollar amount can’t be calculated) and to penalize the accused for his or her wrongful and/or malicious conduct.

Civil liability and criminal liability are also very different. In criminal court, the jury must unanimously agree that the defendant is guilty in order to convict. The prosecutor (which is the State of California) files the charges and prosecutes the case. The prosecutor is held to the legal standard of proving the defendant guilty “beyond a reasonable doubt” when trying to convince the jury of his or her guilt – the highest standard under the law. In civil court, only three-quarters of the jury must agree that the defendant is liable for committing this wrong or “tort”. The alleged victim, who is the intimate partner of the accused, files the case and sues the defendant as the “plaintiff”. The plaintiff is only held to the “preponderance of the evidence” standard, which means that he or she must only convince the jury that it is more likely than not that the defendant intimidated him or her.

The stakes are high for an individual who has been accused of intimidating his or her intimate partner, which is why it is critical for the accused to hire the best criminal defense lawyer and, when appropriate, the best civil defense attorney who will provide the most comprehensive defenses to this offense. The outstanding, GLBT supportive attorneys at the Kavinoky Law Firm specialize in California crimes of intimate partner abuse and have successfully defended countless cases with the utmost integrity and skill. They know how to best defend an intimate partner intimidation case, regardless of the sexual orientation of their client and recognize and appreciate the unique concerns and issues that their gay clients may have and face. In addition, they can offer referrals for excellent civil defense lawyers when necessary. For legal advice about an intimidation charge, contact them today for a free consultation.