| Intimate partner abuse laws
in California include a variety of crimes that have a range
of penalties, depending on the severity of the individual
case. These laws apply to all crimes that are perpetrated
against one’s intimate partner, regardless of the partners’
sexual orientation. Same sex intimate partners include partners
who have children together, who are or were living together,
who are or were dating and who are or were civilly united.
Intentionally violating a protective order that was issued
to protect one’s intimate partner will consequently
be filed as a crime of domestic violence. If convicted of
this charge and placed on probation, there are certain requirements
that the accused must fulfill because of the fact that the
charge has been classified as a DV crime. One of those requirements
is the successful completion of a batterer’s class.
Batterer’s classes are regulated by
the state. They are all supposed to follow the same basic
curriculum so that class participants receive the same education
regardless of where they reside within California. The court requires that convicted defendants attend at least 52 weekly
classes that are two hours in length. The classes are exclusively
male or female in order to make the students as comfortable
as possible, but not all are sensitive to sexual orientation.
It should therefore be noted that a gay, lesbian, bisexual
or transgender individual might wish to seek a class that
is sensitive to the unique issues that such individuals face
when their relationships are affected by domestic abuse. A
California domestic violence lawyer should be able to make
an appropriate referral.
Batterer’s classes are designed to
hopefully rehabilitate students by helping them put an end
to domestic abuse. They tend to focus on ways to manage anger
and violence. If successful, the student learns effective
ways to deal with explosive situations without resorting to
violence or other types of abuse. He or she learns that healthy
relationships do not involve a power imbalance and that couples
are supposed to have mutual respect and equality within a
relationship.
Batterer’s classes all must address
certain themes in order to qualify for court approval. These
themes include socialization, the dynamics of control and
power, gender roles and the effects of abuse on children and
other family members and friends. Different types of abuse are discussed, including physical abuse, sexual abuse, emotional
abuse, financial control, threats and other acts that endanger
the safety and well being of children.
In order to most effectively teach these
themes and to achieve the goal of preventing further violence,
class facilitators encourage their students to examine their
own lives to try to find out why they are driven by violence
and control. Teachers directly confront their students when
they try to either justify their abuse or blame their partners
for the abuse. The counselors try to redirect the participants’
blame by teaching accountability. They try to reshape or eliminate
the beliefs, values, language and behaviors that their students
rely on that allow them to gain and maintain control over
their partners.
California takes the
violation a protective order very seriously. The terms of
probation that are imposed upon this type of domestic violence conviction are burdensome and severe. Participation in a batterer’s
class is only one condition that the defendant must complete,
but it can be one of the most valuable if the accused is open
to changing his or her ways. The caring, GLBT supportive,
criminal defense lawyers at the Kavinoky Law Firm have law
offices in Los Angeles and throughout California and know
how to connect their clients with batterer’s programs
throughout the state that will meet their individual needs.
For legal advice about a protective order violation, for questions
about a batterer’s class or for advice about any other
legal matter, contact them today for a free consultation.
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