| In California, an individual
who commits a crime against his or her intimate partner will
face the charge as a domestic violence crime. GLBT intimate
partners either share an intimate relationship or were once
involved in an intimate relationship. Examples include persons
who are or were civilly united, who are or were living together,
who are or were dating and who have children together. If
an individual maliciously follows or harasses and threatens
his or her intimate partner, placing that partner in fear,
he or she will likely be charged with stalking as a domestic
abuse crime.
Stalking is a crime that may frequently go
unnoticed by anyone other than the victim. The alleged stalker
may keep a low profile, making it so that only his or her
intimate partner even sees him or her. When this type of situation
occurs, it may be difficult for an unbiased eyewitness to
come forward, as he or she wouldn’t likely be aware
that a crime was even taking place. If, however, either the
suspect or the suspect’s intimate partner was with someone
when an alleged incident occurred, that individual could be
called as a witness if an intimate partner abuse stalking
charge was actually filed. If the stalking occurred in a very
blatant manner, there could possibly be unbiased witnesses
who would voluntarily speak to the police about what they
witnessed who would then likely be called by the prosecution
in a stalking trial.
Witnesses can sometimes help reveal the truth
behind a charge. Domestic abuse usually characterizes a highly
emotional, volatile relationship where the partners will more
than likely have two different versions of events when any
type of incident occurs. Eyewitnesses to an incident can therefore
be very helpful in sorting out the real story. It should be
noted, however, that although an eyewitness is simply supposed
to share what he or she witnessed in an unbiased manner, this
isn’t always the case. Many witnesses will offer to
testify in an effort to help a friend, in an effort to hurt
someone they don’t like or out of a sheer willingness
to feel like they’re doing something important, even
if they really didn’t see much or any of an event take
place. This is why it is so important for the accused to hire
a California domestic violence lawyer who is savvy enough
to judge a witness’s credibility and who excels in examination
and cross-examination so that he or she can elicit the story
that best defends his or her client.
The experienced, gay-friendly attorneys at
the Kavinoky Law Firm know how to turn any eyewitness, even
a witness who was presented by the prosecution, into a witness
who will ultimately help the defense. They maintain an excellent
record for success, due in large part to their exceptional
witness preparation and examination skills. The aggressive
attorneys will vigorously cross-examine a prosecution’s
eyewitness, pointing out all of the discrepancies in his or
her testimony to the judge and jury and will reveal why that
that particular witness can’t be trusted. The dedicated
attorneys will also take the time to thoroughly prepare any
defense witnesses so that they understand what to expect once
they take the stand and are comfortable answering questions
from the attorneys representing both sides.
Witness accounts in
a D.V. stalking trial can help or hurt either side, depending
on the strength of each attorney’s examination skills.
The consequences of a DV stalking conviction are too severe
to trust to an inexperienced attorney. The unparalleled LGBT
supportive attorneys at the Kavinoky Law Firm specialize in
domestic abuse cases and defend each client with the utmost
skill and integrity. Keeping the jury in mind, they understand
that sometimes a witness will require kid gloves and that
sometimes a witness should be aggressively attacked. They
are in it to win! For legal advice about a stalking accusation,
contact them today for a free consultation and for the best
representation.
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