child abuse

Published on: August 11, 2023

Bystander Intervention: When Someone Reports You for Suspected Domestic Violence

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: February 20, 2023

How New Proposed California Gun Legislation Could Impact Domestic Violence Defense

by Michael Kraut

In 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

Published on: January 18, 2023

When Accidental Injury to a Child Leads to False Accusations of Domestic Violence

by Michael Kraut

As 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.

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: 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