Domestic violence in California applies to all crimes that are perpetrated against one’s intimate partner. One’s GLBT intimate partner can be his or her partner or former partner in a civil union, the person with whom he or she lives or lived, the person with whom he or she has children or the person whom he or she is or was dating. When an individual maliciously harasses or follows and threatens his or her intimate partner, he or she will therefore likely be charged with stalking as a domestic abuse crime.

Since D.V. stalking doesn’t require that there be physical evidence of the crime, it can be very helpful to either the defense or the prosecution if and when it exists. Without physical evidence, a California domestic violence lawyer may be able to convince a prosecutor or judge to either reduce the charge or have it dismissed altogether due to insufficient evidence. With it, a good criminal defense lawyer will know how to downplay its significance if it is damaging to his or her client and will argue against its admission.

Physical evidence in a stalking case may include evidence that the police obtain during a search of the suspect’s home or property, such as video surveillance of the intimate partner or photos taken of the intimate partner on the defendant’s camera. Physical evidence may also be given to the police by the intimate partner. Examples include audio recordings of messages that the defendant left on the intimate partner’s voice mail or telephone answering machine or copies of emails, text messages or letters that the suspect sent to the accuser. Physical evidence may also be found in acts of vandalism that were done in an effort to threaten or frighten the intimate partner or in the suspect’s DNA that may be left on a licked envelope or on another device that the defendant used to stalk his or her intimate partner.

Because stalking has received so much publicity (due in large part to celebrity stalking), people are eager to find defendants guilty of this crime. The same can be said about virtually all intimate partner abuse crimes in this state, as they, too, receive quite a bit of media attention. As a result, an individual accused of stalking his or her same sex intimate partner in a case where physical evidence exists will undoubtedly face an uphill battle, facing a jury who’s not only eager to convict, but who may also have fear of or intolerance for a gay, lesbian, bisexual or transgender defendant. This is another reason why it is imperative for the defendant to hire a skilled gay-friendly defense attorney who is familiar with and understands all of the ways that physical evidence can be used in a D.V. stalking case and who understands the unique issues that having a non-heterosexual client may raise in an often-homophobic society.

Physical evidence in a stalking case could be fabricated in an effort to falsely accuse an intimate partner. This is one reason why the experienced attorneys at the Kavinoky Law Firm work with private investigators and expert witnesses who examine physical evidence to validate its authenticity. After conducting an independent analysis of any physical evidence, the investigator, expert and lawyer discuss their findings and the attorney then creates the most effective defense strategy possible.

Physical evidence can play a critical role in a domestic abuse stalking trial. The outstanding, LGBT supportive attorneys at the Kavinoky Law Firm know this and understand the ways to respond to it so that it favors their clients. Their training in these types of cases is directly responsible for their impeccable record. With law offices in Los Angeles and throughout California, they are able to conveniently provide their clients with the best representation and the most trusted legal advice. Contact them today for a free consultation and for unsurpassed representation.