| In California, when a crime
is committed against one’s intimate partner, it will
be treated as a crime of domestic violence. Homosexual intimate
partners are those who are or were civilly united, those who
are or were dating, those who are or were living together
and those who have children together. It therefore follows
that if one pursues or harasses and threatens his or her intimate
partner, intending to place that partner in fear, he or she
will be charged with stalking as a domestic abuse crime in
California.
When an individual is placed on probation
for committing any intimate partner abuse crime in California,
he or she will be ordered to complete certain requirements
while on probation. One of those requirements is participation
in a batterer’s class. As part of probation, the defendant
will be required to attend at least 52 weekly two-hour classes
and, in the end, will be evaluated based on his or her progress.
Batterer’s classes are imposed to help
an individual who has been convicted of a DV-related offense to stop his or her abusive behavior. To ensure that their
participants are as open and honest as possible, they are
conducted in all male or all female settings and a GLBT individual
may be able to find a class that is sensitive and specific
to the unique issues that such an individual may have when
involved in a relationship that has been affected by domestic
violence.
Batterer’s classes are mandated by
the state to ensure that a defendant receives the same education,
regardless of where he or she lives. Each program must address
strategies that hold the defendant accountable for his or
her abusive role in his or her relationship, must maintain
an alcohol and drug free environment and must examine gender
roles, socialization, the nature of violence, the dynamics
of power and control and the effects of abuse on children and others. Class facilitators are supposed to have specific
knowledge about intimate partner abuse, child abuse, sexual
abuse, substance abuse, the dynamics of violence and abuse,
the law and the legal system.
Batterer’s classes, when imposed in
connection with a stalking charge, will hopefully teach the
defendant that stalking his or her intimate partner can be
devastating to that partner, as stalking victims live in constant
fear and can feel very isolated. The participant will learn
that it is unhealthy to try to control a relationship through
intimidation or threats, will learn positive ways to control
his or her emotions and will learn ways to help empower his
or her partner by restoring balance to the relationship.
Progress reports will be provided to the
court on a regular basis and at the end of the program. If
the class facilitator feels, at any time, that the defendant’s
participation is unsatisfactory, he or she can suggest removing
the defendant from the program. If that happens, the defendant
will likely be ordered by the court to participate in a different
type of more intensive counseling and/or will be sentenced
to more jail or prison time. A good California domestic violence
lawyer will help the defendant comply with all of his or her
requirements to avoid further punishment.
The trusted, LGBT supportive attorneys at
the Kavinoky Law Firm do their best to help their clients
through difficult times. They understand that meeting this
class requirement may be the most difficult part of probation for some of their clients to fulfill and will try to make
it as easy and convenient for them as possible. With law offices
located in Los Angeles and throughout California, they are
well equipped to recommend classes that will meet their individual
client’s needs, no matter where they reside within the
state. For legal advice about a same sex stalking charge,
a batterer’s class or about any other legal matter,
contact them today for a free consultation.
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