When an individual harasses or follows and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with the California intimate partner abuse crime of stalking. Intimate partners within the gay, lesbian, bisexual and transgender community include those who are or were living together, those who are or were dating, those who are or were civilly united and those who have children together. If convicted, the defendant faces either a misdemeanor, punishable by up to one year in county jail and up to a $1,000 fine or a felony, punishable by up to five years in state prison. Aggravating factors and/or prior convictions help determine whether the defendant will be charged with a misdemeanor or a felony and also help determine the severity of the punishment.

There are certain rules of evidence that apply to California domestic abuse cases that don’t apply to other types of criminal cases. Because the stakes are so high in a D.V. case – one’s reputation, family and career are all placed in jeopardy the minute an arrest is made – it is critical for an individual accused of an intimate partner violence crime to immediately hire a California domestic violence lawyer who is familiar with all of the special evidentiary exceptions that come into play in this type of case.

“Hearsay” is one of those exceptions. Hearsay is a legal term, which simply refers to any statement that an individual made previous to his or her testimony under oath, in court. One’s statement or statements that he or she made out of court are oftentimes thought to be relevant to a case, and attorneys frequently try to admit those statements into evidence in criminal trials. Under most circumstances, even if they seem relevant, these statements are excluded from evidence, because they are believed to be unreliable. However, in California, hearsay, under certain circumstances, is admissible in a domestic violence case. The most common type of hearsay that is admissible in a DV case is a statement or statements that the alleged victim made when he or she was either witnessing or experiencing the alleged incident. These statements may have been recorded in a 911-telephone call, heard by a neighbor or friend or made to the investigating officer. This type of hearsay is admissible in a stalking or other intimate partner abuse trial because it is believed that the spontaneity of such statements provides an adequate guarantee of their reliability. In reality, this clearly isn’t the case, as many domestic abuse cases are inappropriately filed based on false charges, when the accuser deliberately placed a 911 call out of jealousy, revenge or anger. However, because the statements will still be admissible, it is up to a savvy criminal defense lawyer to recognize when such is the case and to bring it to the judge and jury’s attention, thus serving to vindicate his or her client.

Because of the many issues that are unique to a California DV case (such as hearsay evidence), it is absolutely necessary to have a skilled and qualified California domestic violence attorney who knows how to exclude or downplay this type of evidence. The GLBT supportive attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively and successfully tackle any issue that may arise in a stalking case. They specialize in same sex domestic abuse cases and know how to ensure that their non-heterosexual clients receive fair trials under a judicial system that may be tainted by intolerance and fear for those who it finds “different”. They treat each client with the utmost compassion and respect and command the same from the legal system. With law offices in Los Angeles and throughout California, their trusted legal advice and exceptional services are conveniently located for anyone in need of a gay-friendly domestic violence lawyer. Contact them today for a free consultation and for the best representation.