Domestic abuse laws, in California, apply to all crimes that are perpetrated against intimate partners. Stalking will therefore be charged as a domestic abuse crime if the accused willfully and maliciously followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear for his or her safety. Same sex intimate partners are persons who are dating or formerly dating, cohabitating or formerly cohabitating, civilly united or formerly civilly united and those who have children together. Although one usually expects criminal punishment to follow a conviction, one usually doesn’t anticipate that his or her career may be jeopardized as well.

Professional license issues, in California, are generally regulated by the Business and Professions Code. The code permits a licensing board to either suspend or revoke a person’s professional license under certain circumstances following a criminal conviction. If revoked, it means that an individual will more than likely be forced to find a new career in order to financially survive.

Professional license restrictions may be illegally imposed if the conviction doesn’t substantially relate to the duties, functions or qualifications of the defendant’s job. The board may impose a restriction following a criminal conviction, regardless of whether the defendant pled guilty or no contest or was found guilty by a judge or jury and the restriction may go into effect once the defendant is placed on probation, once his or her conviction has been affirmed on appeal or once the timeframe within which to file an appeal has lapsed. In addition, there are some licensing boards that may set forth even stricter guidelines when they issue licenses that may call for suspension or revocation upon a conviction for a specified offense.

In most instances, a D.V. stalking conviction will unlikely be related to the functions or duties of one’s career. A California domestic violence lawyer has the knowledge and resources to defend his or her client against an illegally imposed professional license restriction. There are many boards that simply may not want a convicted criminal holding their license. The board may try to use the conviction to inappropriately discipline an otherwise competent license holder, which is, in most cases, illegal. A member of the LGBT community who faces a restriction may also have a good defense, if the restriction is used as a guise to discipline a license holder simply based on the fact that his or her sexual identity was revealed due to his or her same sex intimate partner abuse conviction. However, there are two ways that a restriction may certainly be upheld according to the law. The first is if the defendant who was convicted of stalking his or her intimate partner was ordered by the court to register as a sex offender. Certain professions, including physicians and surgeons, have specific rules about license revocation when a sex offense is involved. The second is if, as a part of the defendant’s job, he or she must carry a firearm (which is probably unlikely in most professionally licensed positions). Firearm restrictions do apply to intimate partner stalking convictions and may therefore legally put an end to an individual’s career.

Facing professional license issues is simply one reason why it is important for an individual who holds a professional license to contact an attorney immediately upon a stalking accusation. The GLBT supportive attorneys at the Kavinoky Law Firm will not only vigorously defend their clients throughout their criminal case, but may help resolve post-conviction issues as well. They can help fight against a professional license restriction by arguing against its application to their client’s case with skill and integrity. With law offices located in Los Angeles and throughout California, they are available to represent anyone in need of a gay-friendly California domestic violence attorney. For legal advice about a same sex intimate partner stalking charge or about a professional licensing issue, contact them today for a free consultation and for exceptional representation.