Domestic Violence

Published on: December 15, 2024

Breaking the Family Cycle of Abuse

If you’ve recently been arrested in California for domestic battery, making criminal threats, or other forms of domestic violence, you may be asking a question that is remarkably common among domestic violence defendants: “How did I get here?” In reality, even if you are aware you crossed a line, you may be baffled as to how or why it happened–let alone how to stop it from happening again.

Domestic violence charges are serious and can have lasting impacts on your future. However, being accused of domestic violence does not make you a bad person—it’s an opportunity to reflect, understand, and change. If you’ve found yourself in this situation, it’s crucial to understand the role that upbringing and learned behaviors might play in your actions. For many, a hidden factor perpetuates harmful patterns from one generation to the next. We often refer to this as a “family cycle of abuse.” Simply put, if you were abused as a child, you’re at higher risk of becoming an abuser to your own family. If you feel you may be caught in this cycle of abuse, the good news is that you’re not necessarily doomed to repeat the mistakes of the past. Let’s talk about this cycle and discuss some practical steps you can take to disrupt it.

Understanding the Family Cycle of Abuse

Published on: November 12, 2024

Domestic Violence: Can a Medical Condition Trigger Violent Behavior?

by Michael Kraut

Facing a charge of domestic violence can be a bewildering and distressing experience, especially if you’re uncertain about what caused your actions. It may seem like what happened was entirely out of character for you, perhaps as though an invisible force had taken control. Maybe this has happened to you before, or maybe it’s your first offense. Whatever the case, anger and violence are complex issues, and sometimes, underlying medical conditions can trigger behaviors that a person wouldn’t usually exhibit.

Understanding these potential medical contributors doesn’t erase responsibility for your actions. Still, it could provide a foundation for compassion and context that can open the door for you to get the help you need to prevent a recurrence. Let’s explore common health conditions that sometimes (but certainly not always) may trigger unusual anger and violent actions.

Autism Spectrum Disorder (ASD)

Published on: October 14, 2024

Taming Impulsive Behaviors that Can Cause Domestic Violence

by Michael Kraut

While some domestic violence stems from systematic patterns of abuse in the perpetrator, for others, the underlying forces aren’t as straightforward. It may be surprising to discover that many acts of domestic violence occur on impulse–simply acting in the heat of the moment without thinking.

Perhaps you’re in such a situation. Maybe an argument with your spouse or partner got out of hand, and things became physical before you had a chance to think. You’ve now found yourself in a situation you never anticipated–under arrest for domestic battery or some other domestic violence offense–realizing that your actions were driven by impulses that felt uncontrollable at the time.

While you must deal with the immediate legal situation, of equal importance is to figure out how to avoid a recurrence of violence. Believe it or not, impulsive behaviors are psychologically driven, meaning they can be identified and tamed with some effort. Recognizing these impulses and learning how to manage them is an essential step in preventing future incidents and finding resolution in the present.

Published on: September 15, 2024

Understanding Resentment and Bitterness and How They Can Lead to Violence

by Michael Kraut

Resentment and bitterness are powerful emotions that can fester and grow if left unchecked. For those accused of domestic violence, these emotions can often be at the heart of the problem, driving behaviors that lead to destructive actions. If you are facing criminal charges for domestic violence crimes like domestic battery, criminal threats, or other charges, it’s important not just to address the immediate crisis, but to understand the emotions that may have led to this moment. Doing so may help you prevent future incidents and improve your personal relationships.

Understanding Resentment and Bitterness

Resentment and bitterness are emotional responses that often arise from a sense of being wronged, mistreated, or unappreciated. These feelings can accumulate over time, particularly if they are not addressed or resolved. Resentment often stems from unmet expectations, perceived injustices, or feelings of powerlessness. Bitterness, on the other hand, is what happens when resentment is allowed to linger and grow.

Published on: August 16, 2024

When California Law Enforcement Violates Your Rights During a Domestic Violence Arrest

by Michael Kraut

The State of California has some of the most stringent laws in the nation for protecting domestic violence victims–and this translates into aggressive policies when it comes to law enforcement. Police officers responding to domestic violence calls are trained to act swiftly and decisively. For instance, under California law, if officers respond to a call and find probable cause that domestic violence has occurred, they are required to make an arrest. This aggressive stance is intended to prevent further harm to the alleged victim, but it also may create situations where the rights of the accused can be violated.

Being arrested on a domestic violence charge is scary and humiliating enough on its own. Still, it can be even more disconcerting if the police, in their haste to enforce the law, have crossed legal boundaries and violated your rights. Such violations can significantly impact your ability to receive a fair trial. Fortunately, the law does work in your favor, and if a good attorney notices that your rights have been violated, this fact becomes a vital part of your defense because it affects the court process when trying your case.

Common Law Enforcement Violations During Domestic Violence Arrests

Published on: July 18, 2024

Alternative Therapies to Help Domestic Violence Victims and Perpetrators

by Michael Kraut

While the laws of California deal primarily with identifying and stopping cycles of domestic violence (as well as punishing offenders), its resources for dealing with the root causes or healing the trauma of domestic violence extend only so far. Granted, they make a decent attempt by informing victims of available resources and mandating Batterer’s Intervention Programs for perpetrators, but these could only be considered a starting point, at best. Whether you’ve been charged with domestic violence crimes or whether you are a victim of domestic violence, you must ultimately take charge of your own recovery process, both to heal the past and reduce the risk of recurrence.

The fact is that domestic violence is a complex and multifaceted issue that usually stems from a cycle of trauma and abuse–affecting both the abuser and the abused. While traditional methods such as psychotherapy and group therapy are widely recognized for their effectiveness in addressing these issues, there is growing evidence that alternative treatments can also play a crucial role in the healing and rehabilitation process for both victims and perpetrators. (It’s important to recognize that many individuals who perpetrate domestic violence were once victims themselves, and as such, they, too, require compassionate support and effective interventions.)

The Role of Alternative Therapies

Published on: June 19, 2024

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

by Michael Kraut

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: April 11, 2024

Domestic Violence Charges: When Your Accuser Declines to Testify

by Michael Kraut

When family disagreements escalate into accusations of domestic violence, it’s not uncommon for the accusing partner to have a change of heart after the fact and decide not to press charges or testify. If you’re the one accused, this may seem like good news at first–but in California, it does not necessarily mean you won’t still face criminal charges or be convicted of domestic violence. The reason for this is that domestic violence allegations are not a civil matter but a criminal one–meaning it’s the state that brings a claim against you, not your accuser. If prosecutors find other evidence that domestic violence occurred, they don’t necessarily need the accuser to testify. Let’s delve into why prosecutors sometimes move ahead with domestic violence cases without the testimony of the alleged victim, what evidence might be presented, and how a defense attorney might address that evidence.

Why Prosecutors Might Decide to File Charges Without the Testimony of the Victim

Prosecutors may decide to proceed with domestic violence charges even if the accuser declines to testify for several reasons, each rooted in the commitment to uphold justice and protect individuals from harm. These include but are not limited to, the following.

Published on: March 23, 2024

When Self-Defense Leads to Domestic Violence Charges

by Michael Kraut

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.