Stalking, in California, will be charged as a domestic abuse crime when it is committed against one’s intimate partner. LGBT intimate partners are persons who are civilly united, dating, living together, raising children together and those who formerly shared one of these relationships. When an individual willfully and maliciously follows or harasses and threatens his or her intimate partner with the intent of placing that partner in fear, he or she will be charged with stalking as a crime of domestic violence.

In an intimate partner abuse stalking trial, a recognized psychological condition known as battered person’s syndrome (more commonly called battered woman’s syndrome, battered women’s syndrome, B.W.S. or BWS) may be introduced as evidence against the defendant to explain the alleged victim’s behavior or actions. This condition is commonly introduced when he or she either recants his or her allegations or refuses to cooperate with or testify for the prosecution.

Battered person’s syndrome is a theory that explains why abused individuals don’t leave their abusive intimate partners. Although the theory was developed with victimized women and abusive men in mind, it is equally applicable both men and women who are victimized by their same sex partners. The syndrome explains that a severely or consistently victimized person will be unable to leave his or her partner because he or she will have been conditioned to feel helpless and will feel that escape is impossible and that the abuse is inevitable. The abused partner basically blames him or herself for the abuse.

In a stalking case that was filed as an intimate partner abuse crime, the prosecutor may hire an expert witness who will testify about the effects of the battered person’s syndrome if the alleged victim either refuses to testify or changes his or her story from the original allegations that were made to the police or prosecutor. Battered person’s syndrome, the prosecutor’s expert will testify, is the reason that an alleged victim has recanted or refused to cooperate. The expert will tell the judge and jury that the defendant’s intimate partner has been so consistently abused and/or threatened, that he or she has recanted out of fear for what the accused would do to that partner if he or she didn’t take back or deny his or her original accusation. This is one reason why it is critical for a person accused of D.V. stalking to hire a California domestic violence lawyer who is familiar with battered person’s syndrome, should it and its effects be introduced at trial.

The experienced, gay-friendly attorneys at the Kavinoky Law Firm specialize in intimate partner violence cases and have successfully defended against the devastating consequences that coincide with a stalking conviction. They understand the many evidentiary issues that are frequently raised in these types of trials and know what arguments to make to try to exclude evidence that is damaging to their clients and how to downplay or refute the evidence if it is admitted. They work with a team of expert witnesses who they use to rebut battered person’s syndrome when it is introduced against their clients, who will testify as to the many legitimate reasons why an alleged victim may take back or change his or her allegations.

The GLBT supportive attorneys at the Kavinoky Law Firm have law offices in Los Angeles and throughout California, making their outstanding legal advice and services conveniently available to all those in need. They keep up-to-date on the latest evidentiary rulings and trial strategies that are applicable to DV cases, keeping them ahead of the competition. They have the experience and compassion necessary to help their gay clientele through this very difficult time and are well equipped to effectively handle any issues that might come their way. For questions about a same sex intimate partner stalking charge, contact them today for a free consultation.