Domestic violence defense

Published on: March 16, 2022

Domestic Violence Incident Caught on Video: How to Respond

In a day when video cameras are everywhere–including on our smartphones—it’s becoming more and more common for crimes to be “caught on tape.” But what if it happens to you? Perhaps you get into an argument with your significant other, and perhaps things get out of hand. Next thing you know, you’re under arrest, charged with domestic violence, and you’re told the entire event was captured on video. How should you respond? Does the video evidence ensure that you will be convicted of a crime? What can you do to make sure your rights are protected as you move through the legal process?

The inclusion of video evidence in a domestic violence case can dramatically change the dynamics of the case, as well as your defense strategy. Here’s what you need to know.

Is Video Evidence Admissible in Court?

Published on: February 7, 2022

Text Messages and Cell Phone Video as Evidence in Domestic Violence Cases

by Michael Kraut

It’s no secret that technology has radically changed the way we live our lives over the past several decades. And while some may lament the loss of personal connection that comes with increased reliance on technology, there’s no doubt that it has improved certain aspects of our lives, including how domestic violence cases are processed. In the past, prosecutors and defense attorneys could only rely on eyewitness testimony to build a case—and sometimes, it was little more than the victim’s word against the accuser. But now, with the advent of instant and permanent communications like text messages, cell phone videos, and social media posts, evidence of the truth is often much easier to ascertain. This can work just as easily as evidence to prove accusations of domestic violence as it can to disprove them. Let’s take a closer look at how some of these technologies can be used as evidence in domestic violence cases.

Cell Phone Video

The power of user-generated phone video was never more proven than in the notorious murder of George Floyd by law enforcement officers in 2020. That murder, captured on video and released virally, kindled months of national protests under the Black Lives Matter movement and contributed greatly to the conviction of those responsible for his death.

Published on: January 17, 2022

Lessons About Domestic Violence from “Maid”

by Michael Kraut

The reality of domestic violence in our world—and more specifically, the process of moving on from domestic violence– as recently found its way back into the national conversation with a popular new TV series on Netflix, Maid. Based loosely on the memoir of domestic violence survivor Stephanie Land, Maid depicts a woman who must live in a shelter with her children and work as a housekeeper after leaving an abusive relationship. While the show focuses primarily on her recovery, the story of her abuse is told through a series of compelling flashbacks—and while the show itself is a fictionalized account, Land confirms that many of the details are accurate as far as what she went through and the living conditions she endured. The series is a window into certain aspects of the fallout of domestic violence that are rarely discussed–aspects that those who are accused of felony or misdemeanor domestic violence may learn from. Let’s explore some of the primary takeaways from the show.

Domestic violence survivors frequently encounter financial hardship.

The financial aspect of leaving an abusive relationship is often overlooked, but statistics suggest that more than 94 percent of physically abusive relationships also involve some form of financial abuse. These difficulties are amplified if the abuser controls finances in the household, and survivors may not have access to money needed for basic necessities like food and clothing after leaving their partners. Survivors also need legal assistance when seeking restraining orders against abusers who find them at new locations or attempt contact with them through social media networks (something that abusers may do).

Published on: December 24, 2021

Biggest Domestic Violence Stories of the 2020s So Far (Part 1)

by Michael Kraut

In recent years, we’ve seen a lot of progress in the fight against domestic violence. From increased awareness to stronger legislation, stiffer penalties, and better services, there’s been a lot of positives to come out of it all. Unfortunately, though, the 2020s have so far shown us that America is still struggling with this issue right along with other nations and has yet to find an answer for how to completely eradicate it from society.

One in three women and one in four men have been the victim of physical violence by an intimate partner at least once in their lifetime–and most experts agree these numbers are underreported. For this reason, it’s important once in a while to review human stories and news articles to raise our awareness and learn. Let’s take a look at some of the more important and higher-profile domestic violence stories since the 2020s began.

News Coverage of Gabby Petito’s Death Raises Questions

Published on: December 3, 2021

Can a Domestic Violence Arrest Impact Your Professional License?

by Michael Kraut

Being arrested and charged with domestic violence in California can wreak havoc on your life in many ways. You may have a protective order against you that forbids you from contact with your significant other and possibly your children. You may be forced from your home. You may have to change your daily habits and routines to avoid running into the person. You may face fines and jail time. But the repercussions can extend even beyond these complications—even as far as your career. As many licensed professionals have learned the hard way, a domestic violence conviction can ultimately result in having your professional license suspended or revoked.

Doctors are required to maintain an immaculate record of integrity for their patients’ safety. Lawyers have the duty to uphold justice for all parties involved in a legal proceeding without prejudice or bias. Nurses must provide care that is both competent and compassionate while maintaining confidentiality at all times. And so on. All of these professions, along with many others, require practitioners to maintain high ethical standards as well as demonstrate professionalism through their conduct at work–even off duty. Being charged with domestic violence puts all that integrity into question largely because it’s considered a “crime of moral turpitude”–that is a crime that involves dishonesty or intentional harm, and one that carries harsher penalties than other types of crimes.

If you are a licensed professional in California (e.g., doctor, lawyer, pharmacist, CPA, etc.), you need to be aware of the possible consequences a domestic violence conviction could have on your career. Let’s explore this issue in greater detail.

Published on: October 31, 2021

A Look at Domestic Violence Internationally

by Michael Kraut

While 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: October 5, 2021

Accused of Hitting Your Kids? Here’s How the State of California May Respond

by Michael Kraut

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: August 18, 2021

Habits and Behaviors that Can Contribute to Domestic Violence – Part 1

by Michael Kraut

Perhaps 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: July 19, 2021

The Science Behind Abuse—Part 1

by Michael Kraut

A 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: June 24, 2021

Domestic Violence in Nontraditional Families – Part 1

by Michael Kraut

One key 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