Domestic Violence

Published on: July 18, 2024

Alternative Therapies to Help Domestic Violence Victims and Perpetrators

While the laws of California deal primarily with identifying and stopping cycles of domestic violence (as well as punishing offenders), its resources for dealing with the root causes or healing the trauma of domestic violence extend only so far. Granted, they make a decent attempt by informing victims of available resources and mandating Batterer’s Intervention Programs for perpetrators, but these could only be considered a starting point, at best. Whether you’ve been charged with domestic violence crimes or whether you are a victim of domestic violence, you must ultimately take charge of your own recovery process, both to heal the past and reduce the risk of recurrence.

The fact is that domestic violence is a complex and multifaceted issue that usually stems from a cycle of trauma and abuse–affecting both the abuser and the abused. While traditional methods such as psychotherapy and group therapy are widely recognized for their effectiveness in addressing these issues, there is growing evidence that alternative treatments can also play a crucial role in the healing and rehabilitation process for both victims and perpetrators. (It’s important to recognize that many individuals who perpetrate domestic violence were once victims themselves, and as such, they, too, require compassionate support and effective interventions.)

The Role of Alternative Therapies

Published on: June 19, 2024

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

by Michael Kraut

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: March 23, 2024

When Self-Defense Leads to Domestic Violence Charges

by Michael Kraut

Domestic violence doesn’t occur in a vacuum; physical contact is rarely a one-way street where the assailant attacks while the victim does nothing. Our instinct is to respond physically to defend ourselves against an attacker, sometimes to the point of striking back accordingly. However, in California, when police respond to a domestic violence call and conduct an investigation, they are required by law to arrest someone if they see evidence that violence occurred. Unfortunately, sometimes, they make wrong assumptions and arrest the wrong person. Thus, it’s not uncommon for someone to be charged with domestic violence when they are actually defending themselves against their partner.

This is a challenging and complex situation to navigate. On one hand, you were simply trying to protect yourself in the heat of the moment. On the other hand, the evidence and common assumptions may work against you even though you are innocent. This wrong assumption can also be reinforced if your partner decides to “play the victim” to shield themselves from scrutiny.

That being said, if you were truly defending yourself, the law is on your side; you just need a skillful criminal defense attorney to navigate the situation. Let’s discuss this common dilemma and discuss your options.

Published on: January 23, 2024

Lessons From the Jonathan Majors Domestic Violence Case

by Michael Kraut

The world of entertainment was rocked recently by the news of Jonathan Majors, a rising star known for his roles in Creed III and Ant Man and the Wasp: Quantumania, being convicted last month of misdemeanor assault stemming from an altercation with his former girlfriend, Grace Jabbari earlier in the year. Despite the jury convicting Majors of a lesser charge than the prosecution alleged, Majors was dropped by both Marvel and Disney Pictures within hours of the verdict. This case was not only a high-profile legal battle but also a stark reminder of the serious consequences of domestic violence allegations. Let’s review this important case to see what lessons we can learn.

Overview of the Case

Jonathan Majors faced accusations of assaulting Jabbari during a confrontation in New York City in March 2023. Jabbari claimed that Majors attacked her in a car, causing her significant pain. However, Majors’ defense painted a different picture, stating that Jabbari was the aggressor and that he was merely trying to regain his phone and ensure his safety after Jabbari noticed a text conversation with another woman.

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: October 18, 2023

Can an Undiagnosed Mental Illness Trigger Domestic Violence?

by Michael Kraut

If you’ve been arrested or charged with domestic battery, criminal threats, or other forms of domestic violence, the one thing that could make matters worse is not understanding how or why it happened. How, exactly, did you get here? Perhaps you have some anger issues, but you never expected an argument with your partner to escalate to an arrest. Or maybe you’ve been struggling with your mental health but never formally diagnosed with any condition. This begs the question: can an undiagnosed mental illness trigger domestic violence?

In short, yes, it’s possible for an undiagnosed mental illness to contribute to violent behavior in a relationship. Not all cases of domestic violence are as straightforward as they seem, and in some instances, undiagnosed mental illnesses play a significant role in provoking aggressive or violent behavior. While there is no direct causation between mental illness and domestic violence, certain conditions can increase the risk of aggressive or violent behavior. This is especially true for individuals with a history of anger management issues or difficulty controlling their emotions. Let’s explore this issue in a little more detail to provide more perspective.

The Prevalence of Undiagnosed Mental Illness

Published on: September 21, 2023

What Types of Treatment Are Available for Abusive Partners?

by Michael Kraut

Maybe you never thought you’d find yourself in this situation: arrested on suspicion of domestic violence and facing possible criminal charges. In your mind, perhaps it was just an argument that got out of hand. Maybe this is the first time it’s happened. Or possibly it’s happened before. Maybe–heaven forbid–it points to a pattern of abuse. Of course, the first order of business is to navigate the legal issues surrounding your arrest and charges–but what about afterward? If you have a problem, what steps can you take toward treatment to ensure you don’t keep hurting the people you love?

In the State of California, if this is your first domestic violence offense, the first question about treatment might be answered for you. If you are convicted, you will likely be mandated to attend a state-approved Batterer’s Intervention Program (BIP) for the next year as a condition of probation. But there’s been some question about the overall effectiveness of these programs–they seem to work well for some, not so much for others. What if you avoid conviction and aren’t mandated to attend a BIP, but you know there’s still an issue? Or what if you want to take responsibility for your own recovery, whether or not you attend a BIP?

The good news is that you do have some options. The actual type of treatment you should choose will depend in part on your personal circumstances, your background, and any root issues that may be triggering your violent behavior. Let’s explore some of the treatment options available to you.

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?