Domestic violence defense

Published on: June 19, 2024

What Happens After I Am Arrested for Domestic Violence in California?

California is known for having some of the strictest domestic violence laws in the nation. If you find yourself arrested for domestic violence–whether it’s for simple domestic battery or something more serious like criminal threats or corporal injury–there’s a high probability that you will spend some time behind bars, even before being officially charged. Understanding the process and knowing what to expect can help you navigate this challenging situation more effectively and with less fear. Let’s explore the key stages following a domestic violence arrest in California, from the initial arrest to potential court proceedings.

Immediate Arrest and Booking

Once law enforcement arrives at the scene of a reported domestic violence incident, they will assess the situation. If they determine that there is probable cause to believe that a domestic violence offense has occurred, they are required by law to make an arrest. In California, domestic violence is taken very seriously, and an arrest is almost always inevitable if there are visible injuries or other evidence of an assault.

Published on: May 15, 2024

Do I Need an Attorney if I’m Charged With Domestic Violence in California?

by Michael Kraut

Facing a domestic violence charge in California can be a deeply unsettling and even frightening experience. The immediate whirlwind of legal complexities and the potential for life-altering consequences might leave you overwhelmed and uncertain about the future. Even so, perhaps in your mind, this is just a misunderstanding of an argument with your significant other that got out of hand. Or maybe you’ve been charged only with misdemeanor domestic battery, a seemingly minor offense that rarely results in jail time for first-time offenders. You might even feel like this could all “go away” if you just “explain yourself” to the judge. Should you really bother with hiring an attorney to help you navigate this situation?

Unless you are willing to risk serious consequences for your future, the answer to that question is a resounding “yes.” Without legal help, even the most “minor” of domestic violence offenses can result in major short-term and long-term ramifications that can complicate your life for many years to come. Let’s go into a bit more detail about how California law treats domestic violence and why having a domestic violence defense attorney can help minimize the risks to your future.

California’s Stance on Domestic Violence

Published on: April 11, 2024

Domestic Violence Charges: When Your Accuser Declines to Testify

by Michael Kraut

When family disagreements escalate into accusations of domestic violence, it’s not uncommon for the accusing partner to have a change of heart after the fact and decide not to press charges or testify. If you’re the one accused, this may seem like good news at first–but in California, it does not necessarily mean you won’t still face criminal charges or be convicted of domestic violence. The reason for this is that domestic violence allegations are not a civil matter but a criminal one–meaning it’s the state that brings a claim against you, not your accuser. If prosecutors find other evidence that domestic violence occurred, they don’t necessarily need the accuser to testify. Let’s delve into why prosecutors sometimes move ahead with domestic violence cases without the testimony of the alleged victim, what evidence might be presented, and how a defense attorney might address that evidence.

Why Prosecutors Might Decide to File Charges Without the Testimony of the Victim

Prosecutors may decide to proceed with domestic violence charges even if the accuser declines to testify for several reasons, each rooted in the commitment to uphold justice and protect individuals from harm. These include but are not limited to, the following.

Published on: February 23, 2024

Seeking Treatment When Addiction Leads You to Commit Domestic Violence

by Michael Kraut

Addiction and domestic violence are two complex issues that, unfortunately, often intersect–and more often than you might think. The World Health Organization (WHO) says that as many as 55 percent of all domestic abuse incidents occur after the perpetrator was drinking–and surveys of domestic violence victims suggest that number is as high as 67 percent.

Suffice it to say that if you’re facing accusations of domestic violence and are grappling with drug or alcohol addiction, you’re not alone. It’s not uncommon for someone struggling with substance abuse to act out of character while under the influence. Some may even “black out” and not even remember the incident–which makes it quite unnerving for them to find themselves facing criminal charges and protective orders after the fact. If this describes you, it’s crucial to approach this moment with honesty and a desire for change. Let’s explore the impact of drug and alcohol addiction on domestic violence to help unravel how you got here–and, more importantly, what you can do to remedy the situation.

The Link Between Substance Abuse and Domestic Violence

Published on: December 14, 2023

The Link Between Low Self-Esteem and Domestic Violence: Breaking the Cycle

by Michael Kraut

If you’ve recently been arrested for domestic violence charges in California and you’re not quite sure how it happened…you’re not alone. For many people, getting arrested or charged with a crime is a wake-up call. Maybe it was an argument that got out of hand in your mind. Perhaps this is your first domestic violence offense–or maybe it’s just the first time your partner called the cops. Maybe you’ve been here before–and you’re not sure why you keep crossing the line into physical violence. If so, here’s a question to ponder: Do you suffer from low self-esteem?

Granted, if you’ve just been arrested, your opinion of yourself is likely quite low at the moment. But think beyond this moment–how do you feel about yourself in general?

The reason we’re asking is that domestic violence doesn’t happen in a vacuum, nor is it a random occurrence. It happens because of something that lies beneath–and in many cases, it is driven by a significantly low sense of self-worth. Let’s discuss this link further and discuss possible solutions that may help.

Published on: November 24, 2023

The Impact of Stress and Financial Strain on Domestic Violence

by Michael Kraut

There’s no denying it: we live in very stressful times. When the pressure is on, we may respond in ways we would not otherwise. Financial stress, in particular, can be especially overwhelming in this day and age. For many individuals, especially those who may struggle with anger issues, this can unfortunately increase the risk of aggression.

Perhaps you’ve struggled lately under the weight of stress. Maybe it got the better of you, and you took it out on your spouse or partner. Maybe things got physical, and you’re now charged with domestic battery–or maybe your partner legitimately felt threatened and became fearful that you would harm them. If you’re now facing charges of domestic violence, the first step in righting the situation is to understand what happened and how you might prevent a recurrence. Let’s take a closer look at the role of stress in general–and financial strain, in particular–on the risk of domestic violence in families.

The Prevalence of Stress

Published on: August 11, 2023

Bystander Intervention: When Someone Reports You for Suspected Domestic Violence

by Michael Kraut

It’s a devastating, humiliating scenario that happens more often than we might think. You’re engaged in a heated discussion with your significant other–possibly outside or with the windows open in your home. Things get a bit out of hand. Not long after, there’s a knock on the door. It’s the police; a neighbor heard your argument and called 911. Next thing you know, you’re under arrest for suspected domestic battery.

Despite the numerous studies about the so-called “bystander effect” (suggesting that people in groups are less likely to intervene when someone is in trouble), the fact remains that many bystanders will intervene if they suspect domestic violence (as many as 85 percent of people will respond if they feel they are the only one who can help). There is also a current movement in our modern culture that encourages bystander intervention. In short, if someone hears or witnesses suspected domestic violence, there’s a strong likelihood that they will call the police. And in California, law enforcement is required to make an arrest if they see probable cause of violence when they arrive on the scene. Let’s discuss this dynamic, explore the role of bystanders in suspected domestic violence cases, and talk about your options if a bystander reports you.

Who Can Report Domestic Violence and Why They Might Do So?

Published on: July 16, 2023

What Happens to Family Pets in a Domestic Violence Case?

by Michael Kraut

When it comes to domestic violence, most of us think of it mainly in the context of what is happening to the victimized spouse/partner and how to keep any children safe from the threats of violence. We don’t often consider the question: what about the pets? One long-overlooked aspect of domestic violence is how frequently family pets are used as leverage between the perpetrator and the victim. Indeed, pet safety is a huge issue in these matters, and many people wonder how (or if) the protections California law offers extend to our animals.

The question is haunting whether you’re the victim or the defendant. If you’ve been accused of domestic violence, charged with a crime, and/or separated from your family through a protective order, you may wonder what will become of your dog or cat—particularly if that pet is technically yours. Let’s take a closer look at how California addresses the issue of what happens to family pets in domestic violence cases.

A Look at the Numbers

Published on: April 25, 2023

Age Is Just a Number: When Senior Citizens Are Accused of Domestic Violence

by Michael Kraut

When thinking about domestic violence, most of us think about the elderly in the context of being possible victims (e.g., elder abuse). But what if you are an older person accused of committing domestic violence? Unfortunately, it can and does happen—and it can be even more traumatic and life-disruptive to be accused as an older person than a younger adult. What are the ramifications you may face? What happens if you’re convicted? Are there special factors the court might consider?

Regardless of whether there is any merit to the accusations, being an older adult accused of domestic violence can give rise to a myriad of complex issues. Let’s delve deeper into this question to see what we can learn.

What Circumstances Could Lead to Domestic Violence Charges Against a Senior?

Published on: March 19, 2023

How to Deal With Domestic Violence Charges as a Public Figure

by Michael Kraut

Being accused of domestic violence can be highly disconcerting for anyone, but if you are a public figure, such as a professional athlete, politician, CEO, etc., being accused of domestic violence can be particularly damaging to your reputation. You will likely face negative attention from the media during the arrest and investigation process. You may even have to make difficult decisions about leaving your job or resigning from certain positions to protect your name. However, if you find yourself facing charges related to domestic violence in California, there are steps you can take to ensure that you receive fair treatment throughout the process. Let’s discuss how dealing with these charges as a public figure may look different than other people’s experience and provide strategies for navigating through it successfully.

Prioritize Your Family, Not Your Reputation

No matter how famous you are, you are a human being with a human family. Whatever has happened to prompt charges of domestic violence, it has done damage to your family–and your being a public figure may only add to that pain. That’s why, above all else, you need to address this situation as a human first and a public figure second. Prioritize your family, not your public standing. This means admitting responsibility for any wrongdoing and working towards resolving the situation in an amicable and healing way for all family members. Your family deserves understanding, respect, and the opportunity to come to terms with what happened for your relationships to move forward.