Articles Posted in Domestic violence defense

Published on:

international-domestic-violence-300x197While domestic violence continues to be a significant public health problem across the nation, the fact remains that the United States enjoys some of the strongest legal protections against domestic violence found anywhere on earth. With more than one billion women living in countries with no legal protections against DV, it’s evident there is still much work to be done to change mindsets and provide more protection across the globe. And yet, in recent years, the world has seen a remarkable amount of progress as more and more countries pass stricter laws and stronger penalties against domestic violence. Let’s take a snapshot of our world and look at this issue from an international perspective. Where are domestic violence protections strongest? Where are they nonexistent? How much progress is being made?

The Good News About Domestic Violence Protections Internationally

As recently as 2006, only 60 nations across the globe had passed laws prohibiting domestic violence; by 2011, the UN reported that that number had more than doubled, to 127 nations. The latest numbers show that 144 countries now have laws in place to protect domestic violence victims and punish the perpetrators. This data indicates a positive trend of new laws being passed with heightened awareness of the need to protect victims. The Washington Post reports that the continents of North America and Europe currently enjoy the strongest and most consistent legal protections available for domestic violence victims–and the United States is at or very near the top of the list. Other nations with similar laws against domestic violence include Chile, Columbia, New Zealand, South Africa, Austria, and the UK.

Published on:

Accused-of-Hitting-Your-Kids-Heres-How-the-State-of-California-May-Respond-2-300x198
In the state of California, if you are accused of child abuse (specifically, hitting your child abusively), your world could immediately be put into upheaval. California’s stance on child abuse is to provide immediate protection for the child first (by removal or restraining orders, if necessary), then investigating and pursuing the claims. Depending on the severity of the accusations or the intensity of the situation, within a matter of hours, you could find yourself arrested, separated from your child, and barred from returning to your own home. Your custody rights may be revoked (at least temporarily), and jail time might loom—all before you truly understand the charges you could be facing. Let’s talk about this sensitive issue, discuss what California law says about child abuse, how the state might respond to child abuse accusations, how the accusations might affect your custody rights, and what could happen if you are convicted.

What the Law in California Says About Child Abuse

Under Penal Code 273d PC, the State of California defines child abuse as an act in which someone “willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” A “child” is defined as a minor under the age of 18. The law is worded in a way that often causes confusion over whether or not it’s illegal to spank a child in California—and indeed, some believe corporal punishment is a gray area of the law. However, under this definition, the act of hitting a child physically for disciplinary reasons (even with an object) is not considered child abuse unless it is excessive, cruel, or results in a “traumatic condition.” A basic spanking for disobedience would not be considered abusive, but breaking the skin or leaving a mark in the process could be construed as child abuse.

Published on:

Diet-and-DV-300x200Perhaps you’ve recently been arrested and charged with domestic violence. Maybe you’re even facing a protective order forbidding you to see your spouse or your kids. Maybe things just got out of control. Maybe it’s not the first time, and maybe you’re having trouble figuring out why. The key to avoiding a repeat of this situation is to identify any possible triggering factors and deal with them—including some things you might not have considered. 

Many people think that a person who commits domestic violence is an inherently violent person. This assumption is not just incorrect—it’s insidious because it suggests that violent tendencies are inborn or inbred and cannot be changed. The truth is not only can violent behaviors be learned and unlearned, but there may also be many contributing factors that make a person more predisposed to acting aggressively in their relationships–particularly towards people they actually care about. As it turns out, sometimes violent tendencies can be traced to the most seemingly inane aspects of our lives–even certain habits and behaviors we’ve adopted. Let’s explore some behaviors and habits that could have surprising links to an increased risk of domestic violence. 

Diet 

Published on:

Postnuptial-Agreement-249x300A domestic violence arrest can impact your life in many ways. It can jeopardize your job, traumatize your family, and separate you from the ones you love. But beyond triaging the immediate crisis of dealing with the court process, the underlying question is how to prevent domestic violence from repeating. The answer requires getting to the heart of how the abusive patterns began in the first place.

Domestic violence is a problem that affects people of all ages, genders, and social backgrounds. It takes place in rural, suburban, and urban areas and at all income levels. Several studies have been done to try and understand why abuse occurs, as this knowledge can be applied to better treatment strategies. Let’s explore the science behind abuse to better understand how these violent tendencies start—and more importantly, how to curb them. We’ll look at this issue from a total of four aspects: environmental, psychological, neurochemical, and genetic factors.

Environmental Factors Behind Abuse

Published on:

One keynontradtional-families-violence-300x200 characteristic of domestic violence is that it doesn’t play favorites. In other words, there is no particular family type, age bracket, income bracket, or geographic location that cannot be touched by it. Domestic violence is an epidemic, and it can impact families of any race or ethnicity, rich, poor, or middle-class, living in rural communities or large cities, etc.

As the definition of what constitutes a family unit has expanded over the past few decades, many nontraditional families are discovering that they, too, are not exempt from the ravages of domestic violence. Let’s take a closer look at various types of nontraditional families to see the ways in which they may be susceptible to domestic violence.

Nontraditional Families Defined

Published on:

Los-Angeles-domestic-violence-defense-a-300x200Despite increased legal penalties, more social programs, more advocacy outlets, and efforts to increase awareness, domestic violence continues to be a significant issue in our world. In fact, one in three women across the globe (and about 1 in 10 men) suffer domestic abuse at some point in their lives—leading to fragmented families, traumatized loved ones, and lasting psychological and physical damage.

That being said, knowledge is power. By studying both the standpoint of current trends and individual occurrences, we gain more knowledge that may one day help us curb this destructive force in people’s lives and families. With that in mind, let’s take a look at some of the more significant news stories about domestic violence so far this decade to see what we can learn from them.

Pandemic Causes Worldwide Surge in Domestic Violence

Published on:

elder-abuse-domestic-violence-200x300California’s laws regarding domestic violence are wide-reaching and very strict, with potentially severe consequences for those who are accused. But when the alleged victim/survivor is a senior citizen, an incident of violence may fold into other parts of the law, resulting in possible further charges and penalties. Let’s take a closer look at the issue of domestic violence involving seniors and what you might face if you are arrested on suspicion of violence against an elderly person.

A Look at the Numbers

Although violence against women certainly isn’t the only form of domestic violence, most cases do target women as the victim. That being said, statistically speaking, violence against the aged is almost as common as violence against women—so much so that most states (including California) recognize elder abuse as a separate category of crime. Here in the U.S., approximately one in five seniors will experience some form of abuse (compared to one in four women), the vast majority of which will never be reported. Among those cases of elder abuse, at least two-thirds of them are committed by a family member (e.g., a child or spouse). By these numbers, two-thirds of the incidents of elder abuse also technically classify as acts of domestic violence.

Published on:

school-closures-domestic-violence-240x300As we come upon the one-year mark of the beginning of the COVID pandemic, we can see some disturbing trends among families trying to cope. While quarantines, school closures, and social distancing have been necessary to protect the public at large, social workers and domestic violence advocates have long been warning of another danger lurking within at-risk families living in forced isolation: a significant increase in domestic violence. In other words, our attempts to mitigate the COVID health crisis may be creating a health crisis of a completely different kind—one that is just as harmful and even deadly. As a result, an increased number of people, some of whom have no history of domestic violence, have found themselves arrested and facing charges.

This issue has become such a point of concern that some are referring to it as a “pandemic within the pandemic.” Even with vaccinations underway and hope on the horizon, the pandemic, along with its on-again, off-again lockdowns, have changed our living patterns and created “pressure-cooker” situations for many households with fewer options for releasing the pressure or getting help. Let’s take a closer look at this issue—not just the pandemic itself, but how the safety measures put in place are creating new risks for many households.

Increased Risks from School Closures

Published on:

reconcile-after-a-domestic-battery-charge-200x300You never thought it would happen to you—but it did. A disagreement with your spouse or partner got out of hand, you were arrested and charged with domestic violence. Perhaps this has happened before; maybe it’s the first time. For now, though, you’re feeling the pain of separation and alienation from someone you love. Perhaps she’s even got a restraining order against you. Regardless of what happens in court, you’re already looking beyond this moment. Once the criminal charges have been sorted out, is there any hope for repairing the relationship?

Or should you even try?

The answers here aren’t simple. Relationships are complicated enough even before they become fractured by violence. That being said, let’s talk about where to go from here. What, if anything, can be done to rebuild a relationship torn by domestic violence—and in the process, what can you do to prevent it from recurring? Let’s tackle the big questions in order—starting with the question of whether the relationship should even be repaired.

Published on:

Los-Angeles-domestic-violence2-300x200No matter the circumstances, being arrested on suspicion of domestic violence is a scary matter. It can be highly disruptive to your family, your job, your routine—and if you’re convicted of a crime, possibly your future, as well. Just being arrested, especially if it’s unexpected, can fill you with uncertainty. What kind of charges are you facing? Will you be charged with a misdemeanor, a felony, or a combination of the two?

In the State of California, every charge of domestic violence is serious, but some instances are treated as misdemeanors and some as felonies—each with vastly different ramifications if you’re convicted. Understanding what you may be charged with can help you go into the judicial process more informed and better prepared. Let’s unpack this topic and explore which types of domestic violence charges are usually tried as misdemeanors and which as felonies.

Differences between Misdemeanor and Felony Charges

Contact Information