domestic violence los angeles

Published on: March 23, 2024

When Self-Defense Leads to Domestic Violence Charges

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: October 31, 2021

A Look at Domestic Violence Internationally

by Michael Kraut

While domestic violence continues to be a significant public health problem across the nation, the fact remains that the United States enjoys some of the strongest legal protections against domestic violence found anywhere on earth. With more than one billion women living in countries with no legal protections against DV, it’s evident there is still much work to be done to change mindsets and provide more protection across the globe. And yet, in recent years, the world has seen a remarkable amount of progress as more and more countries pass stricter laws and stronger penalties against domestic violence. Let’s take a snapshot of our world and look at this issue from an international perspective. Where are domestic violence protections strongest? Where are they nonexistent? How much progress is being made?

The Good News About Domestic Violence Protections Internationally

As recently as 2006, only 60 nations across the globe had passed laws prohibiting domestic violence; by 2011, the UN reported that that number had more than doubled, to 127 nations. The latest numbers show that 144 countries now have laws in place to protect domestic violence victims and punish the perpetrators. This data indicates a positive trend of new laws being passed with heightened awareness of the need to protect victims. The Washington Post reports that the continents of North America and Europe currently enjoy the strongest and most consistent legal protections available for domestic violence victims–and the United States is at or very near the top of the list. Other nations with similar laws against domestic violence include Chile, Columbia, New Zealand, South Africa, Austria, and the UK.

Published on: July 30, 2020

Dealing with Domestic Violence in the Family

by Michael Kraut

When we talk about cases of domestic violence under California law, in most situations we’re referring to violence or abuse between “intimate partners,”—that is, spouses, ex-spouses, domestic partners, and current and former dating relationships. But of course, these aren’t the only family relationships in which domestic violence can occur. Siblings may become violent toward one another. Violence may also be directed toward (or emanate from) aunts, nephews, grandparents, step-parents…the list goes on.

Domestic violence within these relationships may not always be easy to resolve. Unlike spousal or dating relationships which may be severed by separation and divorce, inter-family DV situations may touch many other mutual relationships, either through blood or marriage. It might not be as simple to “cut off” a particular relationship or create a long-term physical separation between two parties, especially when the larger family is concerned. The effects of a violent or abusive relationship within these ranks may reverberate within the family for years to come. Let’s talk about how the law addresses domestic violence of these types, then discuss the long-term implications for families and ways to bring healing.

The Legal Piece

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: September 24, 2019

Getting Back on Track After a Domestic Violence Arrest

by Michael Kraut

You hit your significant other. Now you’re facing possible jail time and a restraining order. But while those are serious consequences, the worst, for you, is that you’ve lost the love and respect of someone you really cared about. Is there any way to get that back? To restore normalcy to your life and relationship?

Protect Your Freedom AND Engage in Sober Reflection

It’s one thing to vigorously defend yourself against legal charges related to the domestic violence event. You deserve fairness, and the consequences of a criminal conviction can profoundly affect your financial future, your job prospects and even your freedom. And even though you did (by your own admission) commit a violent act, you need to protect yourself against overly aggressive prosecutors. You’re looking for fairness and a chance to reboot and start again.

Published on: June 20, 2017

Could Mindfulness and Meditation Reduce Domestic Violence?

by Michael Kraut

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.

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

Published on: March 9, 2017

Domestic Violence Around the World

by Michael Kraut

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.

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.

Articles Tagged with domestic violence los angeles

When Self-Defense Leads to Domestic Violence Charges

A Look at Domestic Violence Internationally

Dealing with Domestic Violence in the Family

Domestic Violence Around the World: How Other Countries Address DV

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

Getting Back on Track After a Domestic Violence Arrest

Could Mindfulness and Meditation Reduce Domestic Violence?

Domestic Violence Around the World