Stalking is taken very seriously in California and is often prosecuted under domestic violence law. Domestic violence laws in this state include numerous offenses with severe consequences. California’s domestic violence laws apply to disputes between intimate partners. Same sex intimate partners include couples who are or were civilly united, couples who are or were living together, couples who are or were dating and couples who have children together.

Stalking is what’s known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. An individual who willfully, maliciously and repeatedly follows or harasses his or her intimate partner and who makes a credible threat with the intent to place that partner in fear faces up to one year in either county jail or state prison and up to a $1,000 fine. If the accused does any of the above while restrained by a court order, the accused faces up to four years in state prison. Because California is so strict with its stalking offenders, it is critical for the accused to have a skilled California domestic violence lawyer.

Stalking penalties may increase if the defendant has specific prior convictions. A defendant with prior convictions for stalking, infliction of injury, violating a court order, or making criminal threats, faces a felony punishable by up to five years in state prison and a fine of up to $1,000. Additionally, the defendant may be ordered to attend counseling, have restraining or protective orders issued against him or her, and may be ordered to register as a sex offender. Professional licensing and firearm restrictions may also be imposed.

The term “harassment” when used in connection with stalking means that an individual knowingly and willfully either alarms, annoys, torments or terrorizes a person on at least two occasions and that there is no legitimate purpose for doing so. A “credible threat” means a physical, verbal or written threat, made in any manner, with the intent to place the person receiving the threat in reasonable fear for his or her safety or for the safety of his or her family. Whether or not the defendant actually intended to carry out the threat doesn’t matter – he or she can be prosecuted for this crime simply for making the threat.

The penalties that a stalking conviction carries are serious and possibly even life altering, but there are defenses available. An experienced criminal defense lawyer will vigorously attack the police report, the accuser’s credibility and investigate any possible motives that may have led the accuser to initiate the charge. A skilled attorney may use a “lack of knowledge” defense, pointing out that the accused didn’t realize that the accuser was even in the same vicinity and that their meeting was coincidence.

Although stalking isn’t necessarily a domestic violence crime, if the accuser is an intimate partner of the defendant, it will likely be charged as such, which means that the defendant faces a variety of DV-specific penalties. California domestic abuse laws are complex and specialized, which is why it is so important to hire an attorney who is experienced in this technical area of the law.

The GLBT supportive attorneys at the Kavinoky Law Firm are highly trained and well versed in California domestic violence law and have successfully defended countless individuals from the devastating consequences that these laws impose. They understand that gay, lesbian, bisexual and transgender same sex couples affected by domestic violence will have a variety of issues that are specific to their situation and that require special attention. The Kavinoky Firm is dedicated to protecting the rights of all their clients and prides itself on providing the best legal representation. With law offices in Los Angeles and throughout California, they are available to provide their trusted legal advice and services to anyone in need of a California domestic violence attorney. Contact them today for a free consultation and for unsurpassed representation.