domestic battery

Published on: April 11, 2024

Domestic Violence Charges: When Your Accuser Declines to Testify

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: 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: November 24, 2023

The Impact of Stress and Financial Strain on Domestic Violence

by Michael Kraut

There’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

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?

Published on: June 10, 2023

High-Profile Domestic Violence Cases and Copycat Situations

by Michael Kraut

As an example of how brutal domestic violence can be, in February 2020, a Brisbane, Australia, woman named Hannah Clarke became a household name when her ex-husband violated a protective order and killed her and her three children by dousing them with gasoline and lighting them on fire in the family car. Although badly burned himself, the man then exited the vehicle with a knife and tried to prevent paramedics and bystanders from putting out the fire before killing himself with the knife in his hand. The high-profile incident received graphic coverage from the media in Queensland and beyond.

A year and a half later, a study out of the University of Queensland discovered a direct link between the media coverage of Hannah Clarke and a string of copycat acts of domestic violence occurring in the following months across Queensland, with perpetrators burning or attempting to burn their partners or ex-partners. This phenomenon raises an important question: When high-profile domestic violence cases make headlines, can it lead to copycat situations? What causes the so-called “copycat effect” in these situations, and more importantly, what, if anything, can be done to mitigate this effect?

The Copycat Phenomenon and the Media’s Role