Domestic violence defense

Published on: December 19, 2019

Overview of California Domestic Violence Laws

If we were to time-travel back several decades, we’d see a time in America when domestic violence was “winked at” by our culture. Couples fight, we’d reason to ourselves, and sometimes they hit each other. Incidents of violence in the home were difficult to prove, and law enforcement got involved only reluctantly. Patterns of ongoing abuse would go largely unchecked behind closed doors, largely because most cases were never reported.

Fast-forward to today, and it’s a much different story, especially in states like California, which has led the way in enacting stricter laws and penalties against domestic violence. California today has one of the most expansive and strictest sets of laws intended to protect the victims and prevent patterns of domestic abuse. That said, the laws have become so focused on protecting the victims that unfortunately, sometimes honest misunderstandings get classified as crimes, and innocent people get caught in the crossfire. Simply being accused of domestic violence can cause a person to be arrested, forced from their home and blocked from seeing their children at least until the accusations are sorted out. Even a misdemeanor conviction comes with mandatory jail time, loss of gun rights and other penalties. The victims do, in fact, receive much-needed protection, but for the accused, it’s never been more critical to have an experienced attorney to ensure a fair defense.

If you have recently been arrested for, or charged with, suspected domestic violence, it’s more important than ever to know what you’re up against. The following overview should help provide context regarding the most common charges and what constitutes domestic violence in this state.

Published on: November 17, 2019

Domestic Violence Around the World: How Other Countries Address DV

by Michael Kraut

Depending on where we get our information, research has shown that anywhere between 35 percent and 70 percent of women worldwide have been victimized by domestic or sexual violence at some point in their lives. Most laws passed against domestic violence are intended to prevent and punish these acts, but here in the U.S., where we have some of the strongest laws against DV, 20 people still become victims of domestic violence every minute.

Even so, if we look at the research done by human rights activists, we find that America is truly at or near the head of the pack as far as legal protections for women. While many still become victims, they at least have some legal recourse. Let’s examine this issue beyond our shores and look at how domestic violence is handled in other countries around the world.

Countries with No Domestic Violence Laws

Published on: October 22, 2019

Finding Resilience After a Domestic Violence Arrest

by Michael Kraut

When you have been arrested on charges of domestic violence—regardless of guilt or innocence—it can seem like time has stood still. Between the possible fracturing of your family and the lurking uncertainty of a trial, you may feel as though life itself has come to a screeching halt.

But whatever the outcome of your charges, at some point this situation will be in the past. Life will move forward, and you’ll have the opportunity to put this setback in the rearview mirror. How you choose to move forward can make all the difference between whether you recover along with your family, or whether (heaven forbid) you wind up back in this situation. To that end, we’ve curated some helpful advice from several professionals coming from a diversity of perspectives on coming back from a personal failure, difficult situation or fracturing life event. Their insights may help you find a map to becoming your best self in the days ahead.

Dr. Roopleen on Bouncing Back After Failure

Published on: September 24, 2019

Childhood Bullying and Domestic Violence: Is There a Connection?

by Michael Kraut

Damien (not his real name) sat sullenly in the office of the licensed counselor. Recently arrested for the third time on domestic violence charges against his girlfriend, he was disgusted at his own behavior—and surprisingly puzzled and baffled at his uncontrolled impulses and where they had landed him. Frustrated, he asked the counselor one of the most common questions asked by DV defendants: “How did I get here?”

The counselor asked a question that threw Damien off guard: “Were you ever bullied as a child?”

Damien began to weep.

Published on: April 8, 2018

After a Domestic Violence Arrest: Lessons to Learn from Nonviolent Communication

by Michael Kraut

If you’ve been recently charged with domestic violence, your life could become quite complicated very quickly, especially if convicted. However, this time can also be a teaching moment—an opportunity to step back from this dark chapter and learn a more productive way of thinking and communicating.

The reasons why we humans sometimes turn to violence and aggression are too numerous and complex to explain here—nor are we qualified to delve into the psychology behind it. However, as the University of Michigan points out, domestic violence typically occurs as a repeating cycle, one that begins with a breakdown of communication. It naturally follows that if couples can create meaningful channels of communication, the cycle of domestic violence may be interrupted. The problem in many cases is that one or the other partner doesn’t understand the best ways to communicate—and the resulting frustration may erupt into aggression.

In the 1960s, an American psychologist named Marshall Rosenberg—himself a domestic violence victim from childhood—developed a process called Nonviolent Communication. The underlying theory behind this approach is that humans are innately compassionate, and violence is a learned behavior that develops from the inability to communicate needs effectively. Rosenberg utilized these principles quite effectively as a mediator to diffuse tensions between rioting college students and college administrators in the turbulent ’60s, as well as in peacemaking efforts during the desegregation process of the civil rights era. Since those days, many have utilized these principles to learn to communicate more compassionately and effectively.

Published on: February 19, 2018

Domestic Violence Crimes in California: A Quick Catalogue

by Michael Kraut

California law is decidedly severe when it comes to crimes of domestic violence—to the point that even being charged with a DV offense should evoke a sense of fear. Whether you are guilty or wrongfully accused, if a bad situation at home results in being charged with a crime, you should be as informed as possible about each charge, and its possible penalties, so you know what to expect and how to be prepared.

To that end, we’ve compiled the following catalogue of some of the more common domestic violence crimes, as defined by the California Penal Code.

Corporal Injury on a Spouse or Cohabitant

Articles Posted in Domestic violence defense

Overview of California Domestic Violence Laws

Domestic Violence Around the World: How Other Countries Address DV

Finding Resilience After a Domestic Violence Arrest

Top Domestic Violence Stories of 2019, and What We Can Learn from Them

Childhood Bullying and Domestic Violence: Is There a Connection?

After a Domestic Violence Arrest: Lessons to Learn from Nonviolent Communication

Domestic Violence Crimes in California: A Quick Catalogue