In California, crimes that are committed against an intimate partner will be prosecuted as domestic violence crimes. Intimate partners involved in GLBT relationships are or were civilly united, are or were dating, are or were living together and are those who have children together. Accordingly, if an individual harasses or pursues and threatens his or her partner, with the intent of placing that partner in fear, he or she may be charged with stalking as a domestic abuse crime. Without any aggravating factors or prior convictions, a defendant faces up to one year in jail or prison for this crime – with them, he or she faces up to six years in prison.

Because the consequences of stalking an intimate partner are so severe, it is critical that the accused hires a California domestic violence lawyer who is familiar with all of the defenses that are applicable to this offense. The experienced, LGBT supportive attorneys at the Kavinoky Law Firm specialize in intimate partner abuse crimes and have earned a reputation for successfully defending their clients, based on their thorough understanding of domestic violence law.

The elements that are required to prove this crime are the best place to look for defenses, because the prosecutor must prove each element independently in order for the jury to find the defendant guilty. To be convicted of stalking, the prosecutor must prove that the defendant “made a credible threat, intending to place his or her intimate partner in fear”. If the defense attorney can show that his or her client never intended to place his or her partner in fear, either because he or she was only joking or because he or she never actually revealed a threat, but only wrote about his or her own private thoughts in a place where the partner wasn’t supposed to have access, that may serve as a defense. Similarly, the threat must be made with the “apparent ability” to see it through. If the threat were so grandiose or so ridiculous that its execution would not even be likely, that, too, could serve as a defense. Along these same lines, if a reasonable person standing in the shoes of the intimate partner would not have feared for his or her safety, the defendant would be entitled to an acquittal.

Defenses may often be presented to the prosecutor or judge even before a case goes to trial. Insufficient evidence is one defense that can be raised in an intimate partner abuse stalking case if, for example, the police report didn’t clearly define the crime. Under this scenario, a skilled criminal defense lawyer could argue that the charge should be reduced or even dismissed. Similarly, if there were no witnesses to the alleged incidents and/or no proof of the charges (absent the partner’s accusation), the defendant’s attorney may be able to have the case dismissed at the preliminary hearing, thereby avoiding a trial. False accusations could be a legitimate defense, as could mistaken identity if the perceived threat was received in any manner other than face-to-face.

The outstanding gay-friendly attorneys at the Kavinoky Law Firm receive on-going training with respect to intimate partner violence cases, including same sex stalking, and keep current with all of the defenses that are relevant to this charge. They are aware of and appreciate all of the unique issues and concerns that may face their gay, lesbian, bisexual and transgender clientele and are well equipped to successfully handle whatever comes their way. With offices in Los Angeles and throughout California, they are conveniently located for anyone in need of a California domestic violence attorney. For legal advice about a same sex intimate partner stalking charge, contact them today for a free consultation and for unsurpassed representation.