protective orders

Published on: June 19, 2024

What Happens After I Am Arrested for Domestic Violence in California?

California is known for having some of the strictest domestic violence laws in the nation. If you find yourself arrested for domestic violence–whether it’s for simple domestic battery or something more serious like criminal threats or corporal injury–there’s a high probability that you will spend some time behind bars, even before being officially charged. Understanding the process and knowing what to expect can help you navigate this challenging situation more effectively and with less fear. Let’s explore the key stages following a domestic violence arrest in California, from the initial arrest to potential court proceedings.

Immediate Arrest and Booking

Once law enforcement arrives at the scene of a reported domestic violence incident, they will assess the situation. If they determine that there is probable cause to believe that a domestic violence offense has occurred, they are required by law to make an arrest. In California, domestic violence is taken very seriously, and an arrest is almost always inevitable if there are visible injuries or other evidence of an assault.

Published on: May 15, 2024

Do I Need an Attorney if I’m Charged With Domestic Violence in California?

by Michael Kraut

Facing a domestic violence charge in California can be a deeply unsettling and even frightening experience. The immediate whirlwind of legal complexities and the potential for life-altering consequences might leave you overwhelmed and uncertain about the future. Even so, perhaps in your mind, this is just a misunderstanding of an argument with your significant other that got out of hand. Or maybe you’ve been charged only with misdemeanor domestic battery, a seemingly minor offense that rarely results in jail time for first-time offenders. You might even feel like this could all “go away” if you just “explain yourself” to the judge. Should you really bother with hiring an attorney to help you navigate this situation?

Unless you are willing to risk serious consequences for your future, the answer to that question is a resounding “yes.” Without legal help, even the most “minor” of domestic violence offenses can result in major short-term and long-term ramifications that can complicate your life for many years to come. Let’s go into a bit more detail about how California law treats domestic violence and why having a domestic violence defense attorney can help minimize the risks to your future.

California’s Stance on Domestic Violence

Published on: February 23, 2024

Seeking Treatment When Addiction Leads You to Commit Domestic Violence

by Michael Kraut

Addiction and domestic violence are two complex issues that, unfortunately, often intersect–and more often than you might think. The World Health Organization (WHO) says that as many as 55 percent of all domestic abuse incidents occur after the perpetrator was drinking–and surveys of domestic violence victims suggest that number is as high as 67 percent.

Suffice it to say that if you’re facing accusations of domestic violence and are grappling with drug or alcohol addiction, you’re not alone. It’s not uncommon for someone struggling with substance abuse to act out of character while under the influence. Some may even “black out” and not even remember the incident–which makes it quite unnerving for them to find themselves facing criminal charges and protective orders after the fact. If this describes you, it’s crucial to approach this moment with honesty and a desire for change. Let’s explore the impact of drug and alcohol addiction on domestic violence to help unravel how you got here–and, more importantly, what you can do to remedy the situation.

The Link Between Substance Abuse and Domestic Violence

Published on: July 16, 2023

What Happens to Family Pets in a Domestic Violence Case?

by Michael Kraut

When it comes to domestic violence, most of us think of it mainly in the context of what is happening to the victimized spouse/partner and how to keep any children safe from the threats of violence. We don’t often consider the question: what about the pets? One long-overlooked aspect of domestic violence is how frequently family pets are used as leverage between the perpetrator and the victim. Indeed, pet safety is a huge issue in these matters, and many people wonder how (or if) the protections California law offers extend to our animals.

The question is haunting whether you’re the victim or the defendant. If you’ve been accused of domestic violence, charged with a crime, and/or separated from your family through a protective order, you may wonder what will become of your dog or cat—particularly if that pet is technically yours. Let’s take a closer look at how California addresses the issue of what happens to family pets in domestic violence cases.

A Look at the Numbers

Published on: January 17, 2022

Lessons About Domestic Violence from “Maid”

by Michael Kraut

The reality of domestic violence in our world—and more specifically, the process of moving on from domestic violence– as recently found its way back into the national conversation with a popular new TV series on Netflix, Maid. Based loosely on the memoir of domestic violence survivor Stephanie Land, Maid depicts a woman who must live in a shelter with her children and work as a housekeeper after leaving an abusive relationship. While the show focuses primarily on her recovery, the story of her abuse is told through a series of compelling flashbacks—and while the show itself is a fictionalized account, Land confirms that many of the details are accurate as far as what she went through and the living conditions she endured. The series is a window into certain aspects of the fallout of domestic violence that are rarely discussed–aspects that those who are accused of felony or misdemeanor domestic violence may learn from. Let’s explore some of the primary takeaways from the show.

Domestic violence survivors frequently encounter financial hardship.

The financial aspect of leaving an abusive relationship is often overlooked, but statistics suggest that more than 94 percent of physically abusive relationships also involve some form of financial abuse. These difficulties are amplified if the abuser controls finances in the household, and survivors may not have access to money needed for basic necessities like food and clothing after leaving their partners. Survivors also need legal assistance when seeking restraining orders against abusers who find them at new locations or attempt contact with them through social media networks (something that abusers may do).