Intimidating an intimate partner will be filed as a domestic abuse crime in California. This offense occurs when an individual either attempts to persuade or succeeds in persuading his or her intimate partner not to participate in any stage of a criminal proceeding. LGBT intimate partners are those who have children together, those who are or were living together, those who are or were dating and those who are or were civilly united. This charge may be prosecuted as either a misdemeanor, punishable by up to one year in jail or as a felony, punishable by up to four years in prison, depending on the facts of the individual case.

While that is the general punishment that one faces when convicted of this crime, there may be aggravating factors or prior domestic violence convictions that may lead to an even greater sentence. In addition, anyone convicted in California of an intimate partner abuse crime will likely be placed on probation, which subjects the defendant to a host of additional penalties.

Probation for an individual convicted of intimidating his or her intimate partner will be imposed for a minimum of three years and will likely be longer for a felony charge. The type of probation will also depend on how the charge was filed. A misdemeanor will most likely result in informal probation, otherwise known as summary probation. This type of probation is less supervised than formal probation, which is the type of probation that will be imposed with a felony conviction. An individual placed on formal probation will report directly to a probation officer on a frequent, regular basis. With either type of probation, the defendant is obligated not to violate any additional laws or he or she will face an additional, enhanced sentence.

Probation, once imposed, has certain procedural requirements that are immediately enforced. These include completion of the booking process if the accused wasn’t previously booked and the issuance of a criminal protective order which names the defendant’s intimate partner as the protected party and is issued to prevent the defendant from engaging in any further acts of abuse toward that partner.

Probation, in connection with an intimate partner intimidation conviction, has some additional requirements that the defendant must complete. With respect to the rehabilitative requirements, the accused will be required to participate in a batterer’s class and will be ordered to perform community service or labor. Drug and/or alcohol counseling or any other type of counseling that the court sees fit may additionally be ordered. With respect to the punitive side, the defendant will be required to pay at least $200 to the state, which will distribute the money to various DV funds.

Probation may be extended, modified or revoked depending on a variety of factors. When evaluating the defendant’s progress, the court will look at his or her diligence in following through with his or her obligations, his or her willingness in following through with his or her obligations and whether or not the defendant has shown any remorse for his or her actions. If the court determines that the defendant’s progress is unsatisfactory, it may revoke probation and sentence the defendant to the most severe jail or prison sentence that is permitted in connection with this crime. This is one of the reasons that it helps for the defendant to have a California domestic violence lawyer by his or her side who can help convince the court that he or she is worthy of probation.

The trusted, GLBT supportive attorneys at the Kavinoky Law Firm will help their clients complete their probationary sentences with as much convenience as possible. They will defend against any additional modifications and will try to keep all requirements to a minimum. With law offices in Los Angeles and throughout California, they can provide their gay clients with a wide range of classes and community service projects that will be sensitive to their needs and concerns. Contact them today for a free consultation.