Domestic violence defense

Published on: May 1, 2020

Teletherapy and Domestic Violence: What You Need to Know

Among the many things that the COVID-19 pandemic has forced to change is how domestic violence perpetrators and victims receive the help they both need. Psychotherapy and counseling are typically recommended for those who have been traumatized by violence at home. Here in California, those who are convicted of domestic violence are required to complete 52 weeks of counseling as part of their sentencing.

But stay-at-home orders have thrown a wrench into the works, so to speak. Not only has the quarantine prompted a surge in the number of domestic violence cases, but it has also created an obstacle when it comes to seeking the mental health counseling those affected by DV so desperately need.

Here’s the good news: Thanks to modern technology, many mental health professionals are now conducting sessions online through “teletherapy.” You can schedule a video chat with a therapist and attend your session online, and these sessions are now covered by most insurance plans. That being said, teletherapy has a different dynamic than in-person sessions, so it helps to be prepared for these differences. Let’s explore the topic of teletherapy when it comes to domestic violence cases, and what you need to know.

Published on: April 23, 2020

COVID-19, Quarantine and Domestic Violence

by Michael Kraut

With the ongoing threat of COVID-19 dominating the news cycles these days, an important related news story has been inadvertently buried amid the headlines. Some have tried to accentuate the positive behind stay-at-home orders as an opportunity to spend more time with family and loved ones, but for many households dealing with various degrees of dysfunction, quarantine has made a bad situation much worse—marked by a notable spike in the number of domestic violence incidents.

As reported by NPR, the U.N. warned that they were aware of “a horrifying surge in domestic violence” in the weeks following lockdowns around the globe. South Africa reported 90,000 incidents of violence against women in the first week following their quarantine orders. Reports out of Turkey indicate murder rates against women have increased significantly since their stay-at-home orders were issued in early March. Many countries have reported double the volume of calls to their domestic abuse hotlines. And that’s just the tip of the iceberg.

Here in the U.S., the numbers seem to confirm this trend as overall reports of DV are on the rise here, as well. NBC News reports at least 18 law enforcement agencies out of 22 contacted have reported significant increases in domestic violence calls—ranging between 18-35 percent higher from city to city.

Published on: March 29, 2020

Recidivist Offenders—Consequences of Repeat Domestic Violence Charges

by Michael Kraut

Being arrested and charged with domestic violence even once can create serious disruption in a person’s life. However, for recidivist (repeat) offenders, the problems and consequences get decidedly worse. What happens if a person convicted of DV becomes a repeat offender, especially here in California where the laws on domestic violence are particularly stringent?

The impact of a domestic violence arrest is bad enough on its own, but if you don’t take significant steps to address the issue(s) that led to your arrest, that single incident can lead you down a slippery slope. Let’s take a look at some sobering statistics provided by the Public Policy Institute of California:

Fifty-three percent of domestic violence offenders have no prior history of domestic violence arrests.

Published on: February 24, 2020

Moving Past Domestic Violence Charges—Making the New Decade Better than the Last

by Michael Kraut

Few things in life can have a more profound negative impact on a family than domestic violence. Even being charged with DV, regardless of guilt or innocence, can deeply disrupt your world and leave lasting repercussions long after the fact.

But here’s the good news: These events don’t have to define the rest of your life. No matter how bad the circumstances, by acting and living with purpose going forward, you can move past those domestic violence charges and begin making your world better. The start of a new year and new decade affords a perfect opportunity to put the past in your rearview mirror. Let’s discuss some practical ways for you to prevent the bad things of the previous decade from following you into the 2020s.

Refuse to See Yourself as a Victim

Published on: January 20, 2020

Biggest Domestic Violence Stories of the 2010s

by Michael Kraut

Domestic violence is, unfortunately, one of the most common crimes of our time. DV claims more than 30,000 lives worldwide each year, most of them women. Here in the U.S., DV arrests range in the hundreds of thousands each year, and that doesn’t account for the many other incidents that never get reported. (Some estimate there are as many as 10 million victims per year.) And while many of these stories make the headlines, the sheer numbers of them often get buried among other stories.

That said, every so often a particular story stands out to us for one reason or another. Now that the 2010s have come to a close, let’s take a look at a few of the more noteworthy domestic violence cases from the past decade to see what we can learn from them–in particular, how they can help those accused of DV understand their story in context and use this point in their lives as a positive turning point.

Russian Woman Loses Her Hands to Domestic Violence

Published on: December 19, 2019

Overview of California Domestic Violence Laws

by Michael Kraut

If we were to time-travel back several decades, we’d see a time in America when domestic violence was “winked at” by our culture. Couples fight, we’d reason to ourselves, and sometimes they hit each other. Incidents of violence in the home were difficult to prove, and law enforcement got involved only reluctantly. Patterns of ongoing abuse would go largely unchecked behind closed doors, largely because most cases were never reported.

Fast-forward to today, and it’s a much different story, especially in states like California, which has led the way in enacting stricter laws and penalties against domestic violence. California today has one of the most expansive and strictest sets of laws intended to protect the victims and prevent patterns of domestic abuse. That said, the laws have become so focused on protecting the victims that unfortunately, sometimes honest misunderstandings get classified as crimes, and innocent people get caught in the crossfire. Simply being accused of domestic violence can cause a person to be arrested, forced from their home and blocked from seeing their children at least until the accusations are sorted out. Even a misdemeanor conviction comes with mandatory jail time, loss of gun rights and other penalties. The victims do, in fact, receive much-needed protection, but for the accused, it’s never been more critical to have an experienced attorney to ensure a fair defense.

If you have recently been arrested for, or charged with, suspected domestic violence, it’s more important than ever to know what you’re up against. The following overview should help provide context regarding the most common charges and what constitutes domestic violence in this state.

Published on: November 17, 2019

Domestic Violence Around the World: How Other Countries Address DV

by Michael Kraut

Depending on where we get our information, research has shown that anywhere between 35 percent and 70 percent of women worldwide have been victimized by domestic or sexual violence at some point in their lives. Most laws passed against domestic violence are intended to prevent and punish these acts, but here in the U.S., where we have some of the strongest laws against DV, 20 people still become victims of domestic violence every minute.

Even so, if we look at the research done by human rights activists, we find that America is truly at or near the head of the pack as far as legal protections for women. While many still become victims, they at least have some legal recourse. Let’s examine this issue beyond our shores and look at how domestic violence is handled in other countries around the world.

Countries with No Domestic Violence Laws

Published on: October 22, 2019

Finding Resilience After a Domestic Violence Arrest

by Michael Kraut

When you have been arrested on charges of domestic violence—regardless of guilt or innocence—it can seem like time has stood still. Between the possible fracturing of your family and the lurking uncertainty of a trial, you may feel as though life itself has come to a screeching halt.

But whatever the outcome of your charges, at some point this situation will be in the past. Life will move forward, and you’ll have the opportunity to put this setback in the rearview mirror. How you choose to move forward can make all the difference between whether you recover along with your family, or whether (heaven forbid) you wind up back in this situation. To that end, we’ve curated some helpful advice from several professionals coming from a diversity of perspectives on coming back from a personal failure, difficult situation or fracturing life event. Their insights may help you find a map to becoming your best self in the days ahead.

Dr. Roopleen on Bouncing Back After Failure

Published on: September 24, 2019

Childhood Bullying and Domestic Violence: Is There a Connection?

by Michael Kraut

Damien (not his real name) sat sullenly in the office of the licensed counselor. Recently arrested for the third time on domestic violence charges against his girlfriend, he was disgusted at his own behavior—and surprisingly puzzled and baffled at his uncontrolled impulses and where they had landed him. Frustrated, he asked the counselor one of the most common questions asked by DV defendants: “How did I get here?”

The counselor asked a question that threw Damien off guard: “Were you ever bullied as a child?”

Damien began to weep.

Articles Posted in Domestic violence defense

Teletherapy and Domestic Violence: What You Need to Know

COVID-19, Quarantine and Domestic Violence

Recidivist Offenders—Consequences of Repeat Domestic Violence Charges

Moving Past Domestic Violence Charges—Making the New Decade Better than the Last

Biggest Domestic Violence Stories of the 2010s

Overview of California Domestic Violence Laws

Domestic Violence Around the World: How Other Countries Address DV

Finding Resilience After a Domestic Violence Arrest

Top Domestic Violence Stories of 2019, and What We Can Learn from Them

Childhood Bullying and Domestic Violence: Is There a Connection?