Articles Posted in Domestic violence defense

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pexels-shvets-production-7176317-300x200Addiction 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

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pexels-liza-summer-6382704-200x300If 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.

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pexels-karolina-grabowska-4386433-200x300There’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

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ksenia-makagonova-9y6oH2qHai0-unsplash-200x300It’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?

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pexels-dominika-roseclay-895259-217x300When 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

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pexels-donald-tong-143580-300x200
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?

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pexels-pixabay-35550-300x200Being 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. 

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gun-laws-200x300In the wake of the Supreme Court and other courts recently overturning key elements of California’s restrictive gun policies—followed by a rash of mass shootings in California over the past few weeks—numerous state legislators are making gun safety a hallmark of their agenda for 2023. Many of these laws seek to replace gun laws that were overturned (with revisions), while others seek to add further restrictions and improve public safety overall.

That said, in many cases, the impacts of new gun control legislation can trickle into many different areas, including cases of domestic violence, and especially those involving firearms. Let’s take a closer look at the issue of gun control in the context of domestic violence in California to see what we can learn–and what to expect if some of these new gun bills become law.

Overview of Current Gun Laws and Domestic Violence

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child-domestic-violence-300x203As parents, we love our children and never want to see them hurt. If a child is injured due to an accident, we naturally feel a sense of guilt and worry. But if an innocent accident somehow leads to false accusations of domestic violence or child abuse, it can be nothing less than devastating.

Unfortunately, it’s a reality that many parents fear and face. California law holds parents and guardians responsible for the safe care of children, and whether due to a misunderstanding, circumstantial evidence, or even a vindictive partner—sometimes, an unfortunate accident can become complicated with criminal charges. 

If this has happened to you, it’s easy to feel completely helpless and without recourse—especially considering how the law tends to lean toward proactive protection of domestic violence victims. You may find yourself slapped with a protective order, forcing you to leave your home. You might have your custody and/or visitation rights temporarily suspended.

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Celebrity-DV-300x199Domestic violence continues to be a major issue in our culture, plaguing millions of households every year. At the same time, for most families, incidents of domestic battery and other forms of violence don’t become major news stories. When celebrity relationships devolve into domestic violence, not only must they deal with the pain and disruption of the violence itself–they must also deal with it under the unforgiving spotlight of public view—and they’re often tried in the court of public opinion, as well. 

But there is a silver lining. While these stories may be embarrassing to the victims and the accused at the moment, they also allow us to see that domestic violence isn’t relegated to certain classes of people—it can touch anyone. These stories also provide “teaching moments,” offering a platform to discuss the ways we as a society can work toward preventing and responding to domestic violence. With that said, let’s look at some of the most noted domestic violence stories of 2022 to see what we can learn from them.

Johnny Depp and Amber Heard

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