domestic violence

Published on: August 17, 2022

Domestic Violence and the Internet: Taking the Crime Online

While most people think of domestic violence as the act of physically striking one’s partner or spouse (and indeed, domestic battery accounts for the lion’s share of domestic violence incidents), the State of California counts plenty of other actions as “domestic violence.” In fact, nowadays, you don’t even have to be in the same room as your partner to be charged with a crime! Some people have been surprised to find police at their doorsteps with a warrant for their arrest on domestic violence charges–even though they weren’t anywhere near their alleged victims!

How is this possible? Because perhaps without realizing it, by law, these people were committing domestic violence online.

The use of the Internet has expanded domestic violence into cyberspace, and California’s laws have expanded in kind to list numerous types of online activities as crimes. And because many of these online activities are traceable, they essentially leave an evidence trail that can make it easier for the cops to arrest you–and easier for prosecutors to prove you committed a crime. Let’s discuss a few possible online activities that could ultimately result in domestic violence charges.

Published on: July 16, 2022

The “Shadow Pandemic”: Domestic Violence in a COVID World

by Michael Kraut

In the months and years since COVID-19 became a global health crisis, word has spread rapidly about the “shadow pandemic,”–referring to the worldwide spike in domestic violence (and violence against women in general) in the wake of the COVID pandemic. Many concerns were raised during the initial lockdowns and quarantines (and rightly so) that potentially millions of victims of domestic violence were “locked in” with their abusers and had even less access to relief services or the ability to obtain protective orders.

Now that there is enough data to be processed, the UN has released a comprehensive report entitled Measuring the Shadow Pandemic: Violence Against Women During COVID-19. Not only does it confirm that violence against women has increased substantially during COVID, but the numbers themselves are quite alarming in some cases. According to another report by the American Journal of Emergency Medicine, cases of domestic violence have increased by 25-33 percent worldwide. Let’s take a closer look at this “shadow pandemic” to see what we can learn.

An Overview of the Numbers

Published on: June 18, 2022

Adult Children and Domestic Violence

by Michael Kraut

While the vast majority of domestic violence cases occur between spouses, domestic partners, or dating partners, there’s an often-overlooked version of domestic abuse that can be particularly harmful: when adult children become physically violent toward their parents. This type of domestic violence often falls into the category of “elder abuse” under California law, but it can also be classified as regular domestic violence, in part because the legal definition of “domestic violence” in California includes not just abuse between spouses and intimate partners, but also abuse between certain family members who live together. Let’s take a closer look at this troubling form of domestic violence to see what we can learn.

A Spike in Cases

According to research, approximately one million older adults are victims of domestic violence each year—and in about forty percent of those cases, the abuser is an adult child of the victim. During the recent quarantines of the COVID-19 pandemic, however, these numbers likely rose significantly as many grown children came home to shelter in place. One study estimates that incidents of abuse toward older people increased by as much as 84 percent during the pandemic–meaning that approximately 1 in 5 older people suffered some type of abuse during this time. Not all of these incidents were perpetrated by adult children, but if the normal percentage (40 percent) holds steady, it still amounts to a staggering number of adult children committing domestic violence against the parents who were attempting to shelter them.

Published on: May 16, 2022

After Two Years of COVID, Are Domestic Violence Rates Still Rising?

by Michael Kraut

The COVID-19 pandemic has had a profound and lasting impact on almost every aspect of our lives. While the initial lockdowns and response to the pandemic may have saved many lives, it’s been well-documented that domestic violence rates spiked significantly during the weeks and months of quarantines and lockdowns. The number of domestic violence 911 calls went up in many cities, but experts believe there were many more victims who never made a call. The reasons behind these increases ranged from increased financial pressure to depression to being forced to stay in close quarters with abusers.

But what about now? Two years into the pandemic, quarantines and even mask mandates have been lifted. Business as we know it is returning to normal, even as we continue to encounter spikes in infection rates. Now that we’re no longer stuck in close quarters and many/most of us are back to work…are domestic violence rates now dropping? Or are they still on the rise?

There is unfortunately no definitive answer. Most of the reports and studies available have been focused on the early days of the pandemic when the risk factors were highest, so current data is inconclusive at best. However, while the immediate quarantines are over, the long-term effects of the pandemic are still very much with us–as are the “ripple effects” it has had on so many other parts of our lives. Thus, it’s reasonable to assume that many households are still at elevated risk for domestic violence, and will likely continue to be so for some time to come. Let’s look at some of the likely contributing factors to this risk.

Published on: April 13, 2022

Mending Relationships after a Domestic Violence Altercation

by Michael Kraut

Let’s be honest: it’s hard to rebuild trust after it’s been shattered. Perhaps an argument with your spouse or significant other got out of hand and became physical. Maybe this is the first time it ever happened—and maybe it resulted in your being arrested on suspicion of domestic violence. Whether or not you go to jail—and indeed whether or not you’re even charged with a crime—there is now a rift within your family. It can be difficult to know how to move forward.

Your relationship has likely changed forever, and the healing process will take time. And it’s not just about a broken relationship with your spouse or partner—domestic violence wounds everyone in the family who is connected to it, in one way or another. What steps can you take to begin repairing the relationship—and even more importantly, what can you do to prevent another domestic violence altercation from erupting in the future?

We’ll discuss some specific tips below, but for starters, know that the healing process for your relationship begins with a simple two-fold strategy:

Published on: March 16, 2022

Domestic Violence Incident Caught on Video: How to Respond

by Michael Kraut

In a day when video cameras are everywhere–including on our smartphones—it’s becoming more and more common for crimes to be “caught on tape.” But what if it happens to you? Perhaps you get into an argument with your significant other, and perhaps things get out of hand. Next thing you know, you’re under arrest, charged with domestic violence, and you’re told the entire event was captured on video. How should you respond? Does the video evidence ensure that you will be convicted of a crime? What can you do to make sure your rights are protected as you move through the legal process?

The inclusion of video evidence in a domestic violence case can dramatically change the dynamics of the case, as well as your defense strategy. Here’s what you need to know.

Is Video Evidence Admissible in Court?

Published on: February 7, 2022

Text Messages and Cell Phone Video as Evidence in Domestic Violence Cases

by Michael Kraut

It’s no secret that technology has radically changed the way we live our lives over the past several decades. And while some may lament the loss of personal connection that comes with increased reliance on technology, there’s no doubt that it has improved certain aspects of our lives, including how domestic violence cases are processed. In the past, prosecutors and defense attorneys could only rely on eyewitness testimony to build a case—and sometimes, it was little more than the victim’s word against the accuser. But now, with the advent of instant and permanent communications like text messages, cell phone videos, and social media posts, evidence of the truth is often much easier to ascertain. This can work just as easily as evidence to prove accusations of domestic violence as it can to disprove them. Let’s take a closer look at how some of these technologies can be used as evidence in domestic violence cases.

Cell Phone Video

The power of user-generated phone video was never more proven than in the notorious murder of George Floyd by law enforcement officers in 2020. That murder, captured on video and released virally, kindled months of national protests under the Black Lives Matter movement and contributed greatly to the conviction of those responsible for his death.

Published on: December 3, 2021

Can a Domestic Violence Arrest Impact Your Professional License?

by Michael Kraut

Being arrested and charged with domestic violence in California can wreak havoc on your life in many ways. You may have a protective order against you that forbids you from contact with your significant other and possibly your children. You may be forced from your home. You may have to change your daily habits and routines to avoid running into the person. You may face fines and jail time. But the repercussions can extend even beyond these complications—even as far as your career. As many licensed professionals have learned the hard way, a domestic violence conviction can ultimately result in having your professional license suspended or revoked.

Doctors are required to maintain an immaculate record of integrity for their patients’ safety. Lawyers have the duty to uphold justice for all parties involved in a legal proceeding without prejudice or bias. Nurses must provide care that is both competent and compassionate while maintaining confidentiality at all times. And so on. All of these professions, along with many others, require practitioners to maintain high ethical standards as well as demonstrate professionalism through their conduct at work–even off duty. Being charged with domestic violence puts all that integrity into question largely because it’s considered a “crime of moral turpitude”–that is a crime that involves dishonesty or intentional harm, and one that carries harsher penalties than other types of crimes.

If you are a licensed professional in California (e.g., doctor, lawyer, pharmacist, CPA, etc.), you need to be aware of the possible consequences a domestic violence conviction could have on your career. Let’s explore this issue in greater detail.

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: August 18, 2021

Habits and Behaviors that Can Contribute to Domestic Violence – Part 1

by Michael Kraut

Perhaps you’ve recently been arrested and charged with domestic violence. Maybe you’re even facing a protective order forbidding you to see your spouse or your kids. Maybe things just got out of control. Maybe it’s not the first time, and maybe you’re having trouble figuring out why. The key to avoiding a repeat of this situation is to identify any possible triggering factors and deal with them—including some things you might not have considered.

Many people think that a person who commits domestic violence is an inherently violent person. This assumption is not just incorrect—it’s insidious because it suggests that violent tendencies are inborn or inbred and cannot be changed. The truth is not only can violent behaviors be learned and unlearned, but there may also be many contributing factors that make a person more predisposed to acting aggressively in their relationships–particularly towards people they actually care about. As it turns out, sometimes violent tendencies can be traced to the most seemingly inane aspects of our lives–even certain habits and behaviors we’ve adopted. Let’s explore some behaviors and habits that could have surprising links to an increased risk of domestic violence.

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