Intimidating an intimate partner, considered a crime of domestic violence in California, will typically be charged as a misdemeanor unless there are aggravating factors that accompanied the alleged violation. One’s GLBT intimate partner may be the person with whom one is living or with whom one formerly lived, the person with whom one has children, the person whom one is or was dating or one’s partner or former partner in a civil union.

In order to convict the defendant of intimidating his or her intimate partner, the prosecutor must prove specific elements or facts that must each be independently proven. If even one element can’t be confirmed, the defendant is entitled to an acquittal. This is one of the most important reasons why an individual accused of this crime should hire an experienced California domestic violence lawyer who is familiar with this technical area of the law and who knows the defenses that apply to each element of this charge.

The first element that requires proof in an intimate partner intimidation charge is that the defendant’s intimate partner was either a “witness” (someone who knew about the facts of a crime or who was going to be called to testify in a criminal proceeding) or the “victim” of a crime. In a domestic abuse intimidation case, the most common scenario would be that the defendant was trying to convince his or her intimate partner (the alleged victim) not to proceed with a complaint against him or her.

The second element is that the defendant specifically intended to either prevent or dissuade or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint, answering questions asked by any law enforcement agency, or from testifying in a court proceeding.

The final element is that the defendant acted knowingly and maliciously, which basically means in an effort to protect him or herself from criminal liability. This means that if it can be proven that the defendant was acting in a genuine effort to protect his or her intimate partner from participating in a criminal matter, the element of malice would be defeated.

Intimidating an intimate partner may be filed under a variety of circumstances, as either a misdemeanor or as a felony, depending on the severity of the alleged offense. If force or a threat of force (either express or implied) accompanied the attempt to intimidate or if the intimidation was part of a conspiracy, another element would have to be proved. In addition to the three elements already listed, the prosecution would also have to prove that there was express or implied force or a threat of force or that the act was in the furtherance of a conspiracy in order to get a conviction against the defendant. Similarly, if the prosecutor alleged that the defendant intimidated his or her intimate partner for financial gain, the prosecutor would have to independently prove that additional element as well. It should be noted that any of the above circumstances would result in a felony filing and would subject the defendant to two to four years in the state prison.

To best avoid these severe consequences, it is imperative that the accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. The LGBT supportive attorneys at the Kavinoky Law Firm specialize in California intimate partner abuse cases and maintain an excellent reputation for success. They sympathize with the fears and concerns that their gay, lesbian, bisexual and transgender clients may have about going public with a same sex relationship that may otherwise have remained a secret. They treat each client with compassion and respect and are dedicated to protecting the rights of all their clients. With law offices in Los Angeles and throughout California, they are available to provide their exceptional services to anyone in need. Contact them today for a free consultation and for the best representation.