Domestic abuse charge resources

Published on: October 5, 2021

Accused of Hitting Your Kids? Here’s How the State of California May Respond

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.

Diet

Published on: July 19, 2021

The Science Behind Abuse—Part 1

by Michael Kraut

A domestic violence arrest can impact your life in many ways. It can jeopardize your job, traumatize your family, and separate you from the ones you love. But beyond triaging the immediate crisis of dealing with the court process, the underlying question is how to prevent domestic violence from repeating. The answer requires getting to the heart of how the abusive patterns began in the first place.

Domestic violence is a problem that affects people of all ages, genders, and social backgrounds. It takes place in rural, suburban, and urban areas and at all income levels. Several studies have been done to try and understand why abuse occurs, as this knowledge can be applied to better treatment strategies. Let’s explore the science behind abuse to better understand how these violent tendencies start—and more importantly, how to curb them. We’ll look at this issue from a total of four aspects: environmental, psychological, neurochemical, and genetic factors.

Environmental Factors Behind Abuse

Published on: June 24, 2021

Domestic Violence in Nontraditional Families – Part 1

by Michael Kraut

One key characteristic of domestic violence is that it doesn’t play favorites. In other words, there is no particular family type, age bracket, income bracket, or geographic location that cannot be touched by it. Domestic violence is an epidemic, and it can impact families of any race or ethnicity, rich, poor, or middle-class, living in rural communities or large cities, etc.

As the definition of what constitutes a family unit has expanded over the past few decades, many nontraditional families are discovering that they, too, are not exempt from the ravages of domestic violence. Let’s take a closer look at various types of nontraditional families to see the ways in which they may be susceptible to domestic violence.

Nontraditional Families Defined

Published on: May 24, 2021

Biggest Domestic Violence Stories of the 2020s (So Far)

by Michael Kraut

Despite increased legal penalties, more social programs, more advocacy outlets, and efforts to increase awareness, domestic violence continues to be a significant issue in our world. In fact, one in three women across the globe (and about 1 in 10 men) suffer domestic abuse at some point in their lives—leading to fragmented families, traumatized loved ones, and lasting psychological and physical damage.

That being said, knowledge is power. By studying both the standpoint of current trends and individual occurrences, we gain more knowledge that may one day help us curb this destructive force in people’s lives and families. With that in mind, let’s take a look at some of the more significant news stories about domestic violence so far this decade to see what we can learn from them.

Pandemic Causes Worldwide Surge in Domestic Violence

Published on: April 14, 2021

Domestic Violence and Senior Citizens

by Michael Kraut

California’s laws regarding domestic violence are wide-reaching and very strict, with potentially severe consequences for those who are accused. But when the alleged victim/survivor is a senior citizen, an incident of violence may fold into other parts of the law, resulting in possible further charges and penalties. Let’s take a closer look at the issue of domestic violence involving seniors and what you might face if you are arrested on suspicion of violence against an elderly person.

A Look at the Numbers

Although violence against women certainly isn’t the only form of domestic violence, most cases do target women as the victim. That being said, statistically speaking, violence against the aged is almost as common as violence against women—so much so that most states (including California) recognize elder abuse as a separate category of crime. Here in the U.S., approximately one in five seniors will experience some form of abuse (compared to one in four women), the vast majority of which will never be reported. Among those cases of elder abuse, at least two-thirds of them are committed by a family member (e.g., a child or spouse). By these numbers, two-thirds of the incidents of elder abuse also technically classify as acts of domestic violence.

Published on: March 15, 2021

School Closures and COVID Isolation: A Recipe for Domestic Violence?

by Michael Kraut

As we come upon the one-year mark of the beginning of the COVID pandemic, we can see some disturbing trends among families trying to cope. While quarantines, school closures, and social distancing have been necessary to protect the public at large, social workers and domestic violence advocates have long been warning of another danger lurking within at-risk families living in forced isolation: a significant increase in domestic violence. In other words, our attempts to mitigate the COVID health crisis may be creating a health crisis of a completely different kind—one that is just as harmful and even deadly. As a result, an increased number of people, some of whom have no history of domestic violence, have found themselves arrested and facing charges.

This issue has become such a point of concern that some are referring to it as a “pandemic within the pandemic.” Even with vaccinations underway and hope on the horizon, the pandemic, along with its on-again, off-again lockdowns, have changed our living patterns and created “pressure-cooker” situations for many households with fewer options for releasing the pressure or getting help. Let’s take a closer look at this issue—not just the pandemic itself, but how the safety measures put in place are creating new risks for many households.

Increased Risks from School Closures

Published on: February 25, 2021

Repairing and Rebuilding a Relationship after Domestic Violence

by Michael Kraut

You never thought it would happen to you—but it did. A disagreement with your spouse or partner got out of hand, you were arrested and charged with domestic violence. Perhaps this has happened before; maybe it’s the first time. For now, though, you’re feeling the pain of separation and alienation from someone you love. Perhaps she’s even got a restraining order against you. Regardless of what happens in court, you’re already looking beyond this moment. Once the criminal charges have been sorted out, is there any hope for repairing the relationship?

Or should you even try?

The answers here aren’t simple. Relationships are complicated enough even before they become fractured by violence. That being said, let’s talk about where to go from here. What, if anything, can be done to rebuild a relationship torn by domestic violence—and in the process, what can you do to prevent it from recurring? Let’s tackle the big questions in order—starting with the question of whether the relationship should even be repaired.

Published on: January 19, 2021

When Is Domestic Violence Counted as a Misdemeanor, and When Is It a Felony?

by Michael Kraut

No matter the circumstances, being arrested on suspicion of domestic violence is a scary matter. It can be highly disruptive to your family, your job, your routine—and if you’re convicted of a crime, possibly your future, as well. Just being arrested, especially if it’s unexpected, can fill you with uncertainty. What kind of charges are you facing? Will you be charged with a misdemeanor, a felony, or a combination of the two?

In the State of California, every charge of domestic violence is serious, but some instances are treated as misdemeanors and some as felonies—each with vastly different ramifications if you’re convicted. Understanding what you may be charged with can help you go into the judicial process more informed and better prepared. Let’s unpack this topic and explore which types of domestic violence charges are usually tried as misdemeanors and which as felonies.

Differences between Misdemeanor and Felony Charges

Published on: December 11, 2020

Most Notable Domestic Violence Stories 2020 (part 1)

by Michael Kraut

If there’s one standout news story regarding domestic violence in 2020, it’s the one that has been the most often repeated: the coronavirus pandemic has caused a significant spike in domestic violence cases across the globe. City after city and nation after nation began reporting increases in domestic violence calls starting shortly after quarantines began—along with increased cases of sexual abuse and child abuse. The massive effort to keep people safe from the virus with stay-at-home orders has had the unwanted effect of isolating victims in close quarters with their abusers.

Keeping this new uncomfortable reality in context, every tragic story of domestic violence typically contains a lesson—one that may ultimately help keep other couples from experiencing the same thing. Let’s take a look at some of the most noteworthy news stories about domestic violence over the past year to see what we can learn from them.

An Awakening at Death’s Door