California treats any crime that is committed against one’s intimate partner as one of domestic violence. Intimate partners, within the GLBT community are partners who are civilly united, dating, living together, partners who have children together and those who no longer remain a couple but who were once involved in one of these relationships. As a result, when an individual intimidates his or her intimate partner with respect to his or her participation in any criminal proceeding, that individual may be charged with intimidation as a domestic abuse crime.

The basis, and sometimes only proof, for many intimate partner intimidation charges is the accuser’s allegations. Many cases that involve acts of intimate partner abuse occur in private and therefore don’t have anyone to corroborate the accuser’s story. Similarly, there may be no physical evidence to corroborate the story either, as an act of intimidation doesn’t necessarily involve any force or violence. If force or violence was used, it may be easier for the prosecution to prove the charge by using physical evidence. It should be noted that if force or violence accompanied the intimidation, the charge will be filed as a felony, punishable by up to four years in state prison, instead of as a misdemeanor, punishable by a maximum of only one year in county jail.

Physical evidence is basically any type of evidence that can be touched, seen, or heard. Examples include injuries, broken or damaged personal property, medical records, phone records, photographs, letters, recorded messages and the like. In an intimate partner intimidation case, physical evidence includes, but is not limited to, letters written to the intimate partner, messages taped on a telephone answering machine or voicemail, email or text communications, injuries to the intimate partner, DNA and damage to personal property or pets. When this type of evidence is presented, it is critical that the defense has it independently examined for its authenticity. This is because, unfortunately, domestic abuse often characterizes hostile and unstable relationships where partners do whatever they can to gain and maintain control over the other. Domestic violence statistics reveal that many of the partners that are involved in abusive relationships are both abused and both abusive. As a result, one partner, in an effort to take control, may either falsely accuse his or her partner of a crime or may fabricate evidence to help ensure his or her conviction. It is up to an experienced California domestic violence lawyer to hire either a private investigator or a forensic expert to make sure that any physical evidence that exists is verified, meaning that any alleged injuries were caused in the manner and timeframe alleged, that any letters that the defendant allegedly wrote go through a handwriting sample, that any voice recordings are truly the defendant’s voice and not technologically enhanced and so forth.

Physical evidence can make it much easier for the prosecutor to obtain a conviction against the defendant. This is why it is imperative for the defendant to hire a criminal defense lawyer who specializes in DV crimes and knows which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Because one can be charged with intimidating an intimate partner with very little proof, it is critical that the accused contacts the experienced, LGBT supportive attorneys at the Kavinoky Law Firm who are familiar with every aspect of a domestic abuse intimidation charge and know how to effectively handle any physical evidentiary issues that are presented. With law offices in Los Angeles and throughout California, they are only a phone call or click away. For legal advice relating to an intimate partner intimidation charge, contact them today for a free consultation and for the best representation.