Domestic abuse laws, in California, are applicable to all crimes that are committed against one’s intimate partner. Same sex intimate partners are people who have children together, who live or lived together, who are dating or formerly dating and who are or were civilly united. It therefore follows that an individual who follows or harasses and threatens his or her intimate partner, intending to place that partner in fear, will be charged with stalking as a domestic violence crime. Depending on the circumstances that surrounded the charge, D.V. stalking can be charged as a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in prison. Aggravating factors and/or prior convictions will likely result in mandatory prison time for as many as six years.

The punishment that a convicted defendant faces for stalking his or her intimate partner is severe. Imprisonment is perhaps the most frightening part of a sentence, but it is certainly not the extent of what the defendant faces. A defendant who is convicted of any intimate partner abuse crime will usually be placed on probation (which will be informal if charged with a misdemeanor or formal if charged with a felony). Probation generally remains in effect for at least three years. While on probation for a DV related offense, the defendant will have several requirements to fulfill. These include, but are not limited to, enrollment and attendance in a batterer’s class, fines payable to specific domestic violence funds, a protective order issued against the defendant and the booking process.

Penalties for an individual convicted of stalking an intimate partner also include counseling, in addition to enrollment in a batterer’s class, and possible confinement in a state hospital if the court decides that the defendant would benefit from treatment due to a possible mental illness. Perhaps the most devastating consequence of a domestic violence stalking conviction is that the defendant may be required to register as a sex offender if the court finds that the defendant stalked his or her intimate partner as a result of sexual compulsion or for the purpose of sexual gratification. If the court finds that registration is appropriate, registration is for life and comes with its own set of requirements that the defendant must fulfill in order to avoid further punishment.

Professional licensing restrictions may also face a defendant convicted of stalking his or her intimate partner if it can be proven that the stalking was somehow substantially related to the defendant’s job duties. This means that a conviction could potentially end an individual’s career. Along these same lines, firearm restrictions will be imposed upon a stalking arrest and will remain in effect if the defendant is convicted of the charge. Such a restriction could potentially end an individual’s career if that person must carry a firearm as a part of his or her job.

Civil penalties may also face an individual convicted of stalking his or her intimate partner, as the alleged victim may also sue the defendant in civil court for monetary damages and a civil harassment order.

One’s freedom and reputation is too important to trust to an inexperienced attorney. The GLBT supportive attorneys at the Kavinoky Law Firm specialize in domestic abuse crimes and have successfully defended countless individuals who have been charged with these types of offenses. The attorneys excel in preparing the most comprehensive defense strategies and will aggressively advocate for alternative sentencing when appropriate. They will vigorously advocate to protect their same sex clients from the safety issues that may coincide with imprisonment and will make sure that their unique issues are conveyed to the court. With law offices located throughout California, including several offices in Los Angeles, they are conveniently located for anyone in need of a gay-friendly domestic violence attorney. Contact them today for a free consultation and for unsurpassed representation.