Domestic violence defense

Published on: November 12, 2024

Domestic Violence: Can a Medical Condition Trigger Violent Behavior?

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: 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: 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: December 14, 2023

The Link Between Low Self-Esteem and Domestic Violence: Breaking the Cycle

by Michael Kraut

If you’ve recently been arrested for domestic violence charges in California and you’re not quite sure how it happened…you’re not alone. For many people, getting arrested or charged with a crime is a wake-up call. Maybe it was an argument that got out of hand in your mind. Perhaps this is your first domestic violence offense–or maybe it’s just the first time your partner called the cops. Maybe you’ve been here before–and you’re not sure why you keep crossing the line into physical violence. If so, here’s a question to ponder: Do you suffer from low self-esteem?

Granted, if you’ve just been arrested, your opinion of yourself is likely quite low at the moment. But think beyond this moment–how do you feel about yourself in general?

The reason we’re asking is that domestic violence doesn’t happen in a vacuum, nor is it a random occurrence. It happens because of something that lies beneath–and in many cases, it is driven by a significantly low sense of self-worth. Let’s discuss this link further and discuss possible solutions that may help.

Published on: November 24, 2023

The Impact of Stress and Financial Strain on Domestic Violence

by Michael Kraut

There’s no denying it: we live in very stressful times. When the pressure is on, we may respond in ways we would not otherwise. Financial stress, in particular, can be especially overwhelming in this day and age. For many individuals, especially those who may struggle with anger issues, this can unfortunately increase the risk of aggression.

Perhaps you’ve struggled lately under the weight of stress. Maybe it got the better of you, and you took it out on your spouse or partner. Maybe things got physical, and you’re now charged with domestic battery–or maybe your partner legitimately felt threatened and became fearful that you would harm them. If you’re now facing charges of domestic violence, the first step in righting the situation is to understand what happened and how you might prevent a recurrence. Let’s take a closer look at the role of stress in general–and financial strain, in particular–on the risk of domestic violence in families.

The Prevalence of Stress

Published on: August 11, 2023

Bystander Intervention: When Someone Reports You for Suspected Domestic Violence

by Michael Kraut

It’s a devastating, humiliating scenario that happens more often than we might think. You’re engaged in a heated discussion with your significant other–possibly outside or with the windows open in your home. Things get a bit out of hand. Not long after, there’s a knock on the door. It’s the police; a neighbor heard your argument and called 911. Next thing you know, you’re under arrest for suspected domestic battery.

Despite the numerous studies about the so-called “bystander effect” (suggesting that people in groups are less likely to intervene when someone is in trouble), the fact remains that many bystanders will intervene if they suspect domestic violence (as many as 85 percent of people will respond if they feel they are the only one who can help). There is also a current movement in our modern culture that encourages bystander intervention. In short, if someone hears or witnesses suspected domestic violence, there’s a strong likelihood that they will call the police. And in California, law enforcement is required to make an arrest if they see probable cause of violence when they arrive on the scene. Let’s discuss this dynamic, explore the role of bystanders in suspected domestic violence cases, and talk about your options if a bystander reports you.

Who Can Report Domestic Violence and Why They Might Do So?