Articles Tagged with domestic violence

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domestic-violence-charges-los-angelesWhen we think about domestic violence, by default most of us picture a man as the perpetrator and a woman as the victim. Indeed, this image has been largely programmed into our minds by cultural stereotypes of women as the “weaker sex.” While the majority of reported instances of DV are committed against women, the actual numbers suggest the imbalance isn’t as broad as we think. (According to the NCADV, 1 in 3 women are victims of some form of physical violence by a partner, compared to 1 in 4 men.)

However, another variable—once virtually ignored—may be playing into these statistics in a greater way than anyone had previously realized. Recent research shows that domestic violence within same-sex relationships may actually be more prevalent than in heterosexual relationships. Perhaps even more surprising: Female same-sex relationships may suffer higher rates of violence than their male counterparts.en, the actual numbers suggest the imbalance isn’t as broad as we think. (According to the NCADV, 1 in 3 women are victims of some form of physical violence by a partner, compared to 1 in 4 men.)

However, another variable—once virtually ignored—may be playing into these statistics in a greater way than anyone had previously realized. Recent research shows that domestic violence within same-sex relationships may actually be more prevalent than in heterosexual relationships. Perhaps even more surprising: Female same-sex relationships may suffer higher rates of violence than their male counterparts.

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If you’ve been recently charged with domestic violence, your life could become quite complicated very quickly, especially if convicted. However, this time can also be a teaching moment—an opportunity to step back from this dark chapter and learn a more productive way of thinking and communicating.NVC-domestic-violence-300x214

The reasons why we humans sometimes turn to violence and aggression are too numerous and complex to explain here—nor are we qualified to delve into the psychology behind it. However, as the University of Michigan points out, domestic violence typically occurs as a repeating cycle, one that begins with a breakdown of communication. It naturally follows that if couples can create meaningful channels of communication, the cycle of domestic violence may be interrupted. The problem in many cases is that one or the other partner doesn’t understand the best ways to communicate—and the resulting frustration may erupt into aggression.

In the 1960s, an American psychologist named Marshall Rosenberg—himself a domestic violence victim from childhood—developed a process called Nonviolent Communication. The underlying theory behind this approach is that humans are innately compassionate, and violence is a learned behavior that develops from the inability to communicate needs effectively. Rosenberg utilized these principles quite effectively as a mediator to diffuse tensions between rioting college students and college administrators in the turbulent ’60s, as well as in peacemaking efforts during the desegregation process of the civil rights era. Since those days, many have utilized these principles to learn to communicate more compassionately and effectively.

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You’ve been charged with a domestic violence crime. You’re worried about your future, your relationships and your freedom. Will you have to go to jail? Will your significant other take you back? How can you avoid overly-harsh punishment or refute what you believe are baseless accusations against you?global-domestic-violence-stats-300x300

While analyzing all these worries, it’s easy to feel isolated. The cultural taboo against domestic violence–especially alleged attacks on children–is profound in the United States. And understandably so. Even if you committed a “bad” act in a moment of passion or weakness, you (hopefully!) don’t wish for a more violent world. But obtaining compassion from friends and family–or even basic understanding–in the wake of DV charges can be hard.

You might find it useful to look outside of your situation and take a 20,000 foot view. How do other countries and cultures grapple with the challenges of domestic violence? What do they do (or fail to do) to protect and be sensitive to victims? What safeguards do they have in place (or not) to ensure fair treatment of the accused?

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Domestic violence is a serious matter here in California. The laws are strict, tolerance is low to nonexistent, and the overwhelming response is such that being accused of it can dramatically alter your life, even if you’re not guilty. If you got into a mild altercation with your spouse that somehow got construed to be domestic violence, your private disagreement could be instantly ranked alongside major felonies like assault or murder.DV-defense-los-angeles-options

Suffice it to say that when you’re accused of this crime, choosing the right defense strategy may be critical to your future, which is why you need a seasoned criminal defense attorney to help you map out a plan of action while representing your interests in court. Let’s take a look at some of the most common and effective defenses against charges of domestic violence, and under what circumstances it’s appropriate to use them.

False Accusation

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Domestic violence affects people of every age, race and income level. But cases of domestic violence (DV) usually make the news only when prominent individuals such as actors, sports stars and reality TV celebrities become involved. These cases often open up important discussions… that are subsequently treated with only cartoonish analysis along the lines of “he’s bad; she’s good” or “she’s wrong; he’s right.” This is tragic, not only because domestic violence isn’t a simple crime but also because trivializing these cases prevents us collectively from reflecting and learning important lessons about ourselves, our habits and strategies that could prevent future violence. To that end, we’re going to summarize some major recent DV cases in the news and dive deeper—using them as a jumping off point to provide meaningful insight for defendants (and others).johnny-depp-DV

Ezekiel Elliot (Accusations Against an NFL Star)

When a former girlfriend accused the Dallas Cowboy’s running back Ezekiel Elliot of domestic violence, the NFL investigated the charges and ordered his suspension for six games. But Elliot refused to take the suspension without a fight; he contended that the league had not given him a fair hearing.

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As someone recently accused of domestic violence charges, you’re no doubt acutely aware of the challenges faced by victims. Whether you stand falsely accused of hitting a spouse or partner, or whether you took an action against someone you love that you profoundly regret, it’s important to empathize. After all, finding a resolution to your family crisis—and your criminal case—requires understanding the situation first.falsely-accused-DV-300x221

Unfortunately, those accused of domestic violence—as well as those victimized by violent acts—often look only to the courts to sort things out. Sometimes, sadly, punitive intervention is necessary. But wouldn’t it be better if everyone involved could have their needs met and society provided more (and better) resources to families in trouble?

After all, the end goals we’re all seeking are the same:

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Breaking the cycle of domestic violence has been difficult. Studies have shown that even the most widely-used program for domestic abuse intervention, the Duluth Model, has not been successful in reducing the rate of recidivism for violent offenders.Mindfulness-to-combat-domestic-violence-300x129

But there is one approach that might be more successful. Although they are not designed specifically to reduce incidences of domestic violence, programs that teach people mindfulness and meditation have shown some promise in reducing incidences of violence in several settings.

Stop and think

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Both California and U.S. laws offer victims of domestic violence some basic legal protections, including the ability to obtain restraining orders. These laws are not perfect, nor are they always effective, but in general they work and they have the approval of society behind them. Police will arrest domestic violence offenders and the state will prosecute them under criminal statutes. If convicted, the abusers face imprisonment and/or fines. domestic-violence-los-angeles-around-the-world-300x187

According to the World Bank, three-quarters of the world’s countries have laws against domestic violence, but enforcement of them can be spotty since abuse is at often culturally (if not legally) sanctioned. At least 45 countries, most in the Middle East and sub-Sahara Africa, have no laws forbidding domestic violence, according to the World Atlas. The countries include Algeria, Cameroon, Egypt, the Ivory Coast, Haiti, Latvia, Kenya, Pakistan and Yemen.

•    In Kuwait, 35 percent of women have reported spousal abuse. In a Kuwait Times online article, an attorney from that country says that when it comes to domestic violence, the criminal intent is what matters in the eyes of the law. “If the violator (father, husband or other) hits his wife or child by hand lightly, this is not considered a crime as it’s his right do to so according to Islamic sharia. But if he burns the child or attacks his wife with a knife, it would be clear that the criminal intent was to cause harm. But if he hits his wife while they are fighting, he may claim that he only tried to threaten her and didn’t intend to cause serious harm. The verdict in these cases usually is ‘exchanging blows’ and each of the parties pays a KD 50 fine, as each of them claims self-defense,” the lawyer said.

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