| California’s domestic
violence laws apply to all crimes that are perpetrated against
one’s intimate partner. Gay, lesbian, bisexual and transgender
intimate partners are persons who are or were living together,
who are or were dating, who are or were civilly united and
who have children together. Although the crime of stalking doesn’t have to be a domestic abuse crime, if committed
against one’s intimate partner, it will be prosecuted
as such.
Stalking may be filed as an intimate partner
abuse crime if the suspect followed or harassed his or her
intimate partner and threatened that partner, placing that
partner in fear for his or her safety or for the safety of
his or her family. Depending on the circumstances that surrounded
the charged incidents, the crime may be filed as a misdemeanor
or as a felony. When a defendant is charged and knows the
penalties that he or she faces, he or she must decide whether
to accept the charge or whether to take the case to trial.
If he or she decides to take the case to trial, there are
certain evidentiary issues that frequently arise in almost
all domestic abuse cases, including stalking. The experienced,
gay-friendly attorneys at the Kavinoky Law Firm are familiar
with and know how to effectively deal with any of the following
trial issues should they come into play in a stalking trial.
Physical evidence can play a major role in
a stalking case. Physical evidence includes evidence that
can be seen (like a video recording or an injury), heard (like
an audio recording) or scientifically analyzed (like DNA).
If and when it exists, physical evidence can help to convict
or acquit the accused, depending on what it reveals.
Eyewitness testimony may also be helpful
in proving or disproving one’s innocence in a stalking trial. If someone other than the alleged victim were present
during one of the alleged stalking incidents, he or she would
be able to provide information that could either lead a jury
to believe that the accused violated the law or that his or
her actions were, in fact, lawful. A skilled California domestic
violence lawyer knows how to examine or cross-examine an eyewitness
to elicit testimony that will ultimately favor his or her
client’s side of the story.
In an intimate partner violence trial, the
prosecution frequently tries to introduce hearsay evidence,
including 911 calls. When such is the case, it is up to a
good criminal defense lawyer to either argue for its exclusion
or to downplay its significance. The knowledgeable attorneys
at the Kavinoky Law Firm have experience with this type of
evidence and understand how to handle it when it becomes an
issue in a stalking trial.
Recanting witnesses and battered person’s
syndrome are commonplace in domestic abuse trials. When the
alleged victim recants his or her story, an expert witness
is usually called by the prosecution to testify that the witness
has recanted because he or she suffers from this psychological
condition.
The laws of evidence
that pertain to DV stalking are technical and complex. In
order to put forth the best possible defense, it is imperative
that a defendant contacts the unparalleled, GLBT supportive
attorneys at the Kavinoky Law Firm who have successfully defended against countless domestic abuse crimes. They receive training
in this specific area of the law, which is directly responsible
for their outstanding results. They have law offices in Los
Angeles and throughout California, allowing them to provide
their exceptional legal advice and services to those in need
of a California domestic violence attorney. The Kavinoky Firm
further understands that a homosexual client may raise additional
trial considerations, facing a jury system that can, at times,
be oppressive and intolerant of anyone who isn’t identified
as “straight”. With their compassion and respect,
they will employ different strategies to effectively resolve
these types of issues. Contact them today for a free consultation and for the best representation.
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