Domestic Violence

Published on: December 14, 2023

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

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: October 18, 2023

Can an Undiagnosed Mental Illness Trigger Domestic Violence?

by Michael Kraut

If you’ve been arrested or charged with domestic battery, criminal threats, or other forms of domestic violence, the one thing that could make matters worse is not understanding how or why it happened. How, exactly, did you get here? Perhaps you have some anger issues, but you never expected an argument with your partner to escalate to an arrest. Or maybe you’ve been struggling with your mental health but never formally diagnosed with any condition. This begs the question: can an undiagnosed mental illness trigger domestic violence?

In short, yes, it’s possible for an undiagnosed mental illness to contribute to violent behavior in a relationship. Not all cases of domestic violence are as straightforward as they seem, and in some instances, undiagnosed mental illnesses play a significant role in provoking aggressive or violent behavior. While there is no direct causation between mental illness and domestic violence, certain conditions can increase the risk of aggressive or violent behavior. This is especially true for individuals with a history of anger management issues or difficulty controlling their emotions. Let’s explore this issue in a little more detail to provide more perspective.

The Prevalence of Undiagnosed Mental Illness

Published on: September 21, 2023

What Types of Treatment Are Available for Abusive Partners?

by Michael Kraut

Maybe you never thought you’d find yourself in this situation: arrested on suspicion of domestic violence and facing possible criminal charges. In your mind, perhaps it was just an argument that got out of hand. Maybe this is the first time it’s happened. Or possibly it’s happened before. Maybe–heaven forbid–it points to a pattern of abuse. Of course, the first order of business is to navigate the legal issues surrounding your arrest and charges–but what about afterward? If you have a problem, what steps can you take toward treatment to ensure you don’t keep hurting the people you love?

In the State of California, if this is your first domestic violence offense, the first question about treatment might be answered for you. If you are convicted, you will likely be mandated to attend a state-approved Batterer’s Intervention Program (BIP) for the next year as a condition of probation. But there’s been some question about the overall effectiveness of these programs–they seem to work well for some, not so much for others. What if you avoid conviction and aren’t mandated to attend a BIP, but you know there’s still an issue? Or what if you want to take responsibility for your own recovery, whether or not you attend a BIP?

The good news is that you do have some options. The actual type of treatment you should choose will depend in part on your personal circumstances, your background, and any root issues that may be triggering your violent behavior. Let’s explore some of the treatment options available to you.

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?

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: June 10, 2023

High-Profile Domestic Violence Cases and Copycat Situations

by Michael Kraut

As an example of how brutal domestic violence can be, in February 2020, a Brisbane, Australia, woman named Hannah Clarke became a household name when her ex-husband violated a protective order and killed her and her three children by dousing them with gasoline and lighting them on fire in the family car. Although badly burned himself, the man then exited the vehicle with a knife and tried to prevent paramedics and bystanders from putting out the fire before killing himself with the knife in his hand. The high-profile incident received graphic coverage from the media in Queensland and beyond.

A year and a half later, a study out of the University of Queensland discovered a direct link between the media coverage of Hannah Clarke and a string of copycat acts of domestic violence occurring in the following months across Queensland, with perpetrators burning or attempting to burn their partners or ex-partners. This phenomenon raises an important question: When high-profile domestic violence cases make headlines, can it lead to copycat situations? What causes the so-called “copycat effect” in these situations, and more importantly, what, if anything, can be done to mitigate this effect?

The Copycat Phenomenon and the Media’s Role

Published on: May 17, 2023

How a Domestic Violence Charge Can Impact Your Military or Law Enforcement Career

by Michael Kraut

pexels-kindel-media-7785089-300x169 Being accused of domestic violence can create a great deal of fear and uncertainty about the consequences and how they affect your future. While this is pretty much true for everyone across the board, it’s especially troublesome for those who serve in the military or some type of law enforcement—or those who aspire to such careers. One of the first and most poignant questions asked by domestic violence defendants pursuing these careers is, “How will this incident affect my future in the military (or law enforcement)?”

Unfortunately, the news is not great, especially if you’re convicted of a crime. If you and your attorney can get the charges resolved without a conviction, you can often avoid long-term impacts to your career. But if any of the charges result in a domestic violence conviction, it will likely disqualify you from having a career in law enforcement or the military for the foreseeable future.

Why a Domestic Violence Conviction Disqualifies You From a Military or Law Enforcement Career

Published on: April 25, 2023

Age Is Just a Number: When Senior Citizens Are Accused of Domestic Violence

by Michael Kraut

When thinking about domestic violence, most of us think about the elderly in the context of being possible victims (e.g., elder abuse). But what if you are an older person accused of committing domestic violence? Unfortunately, it can and does happen—and it can be even more traumatic and life-disruptive to be accused as an older person than a younger adult. What are the ramifications you may face? What happens if you’re convicted? Are there special factors the court might consider?

Regardless of whether there is any merit to the accusations, being an older adult accused of domestic violence can give rise to a myriad of complex issues. Let’s delve deeper into this question to see what we can learn.

What Circumstances Could Lead to Domestic Violence Charges Against a Senior?

Published on: March 19, 2023

How to Deal With Domestic Violence Charges as a Public Figure

by Michael Kraut

Being accused of domestic violence can be highly disconcerting for anyone, but if you are a public figure, such as a professional athlete, politician, CEO, etc., being accused of domestic violence can be particularly damaging to your reputation. You will likely face negative attention from the media during the arrest and investigation process. You may even have to make difficult decisions about leaving your job or resigning from certain positions to protect your name. However, if you find yourself facing charges related to domestic violence in California, there are steps you can take to ensure that you receive fair treatment throughout the process. Let’s discuss how dealing with these charges as a public figure may look different than other people’s experience and provide strategies for navigating through it successfully.

Prioritize Your Family, Not Your Reputation

No matter how famous you are, you are a human being with a human family. Whatever has happened to prompt charges of domestic violence, it has done damage to your family–and your being a public figure may only add to that pain. That’s why, above all else, you need to address this situation as a human first and a public figure second. Prioritize your family, not your public standing. This means admitting responsibility for any wrongdoing and working towards resolving the situation in an amicable and healing way for all family members. Your family deserves understanding, respect, and the opportunity to come to terms with what happened for your relationships to move forward.

Published on: February 20, 2023

How New Proposed California Gun Legislation Could Impact Domestic Violence Defense

by Michael Kraut

In the wake of the Supreme Court and other courts recently overturning key elements of California’s restrictive gun policies—followed by a rash of mass shootings in California over the past few weeks—numerous state legislators are making gun safety a hallmark of their agenda for 2023. Many of these laws seek to replace gun laws that were overturned (with revisions), while others seek to add further restrictions and improve public safety overall.

That said, in many cases, the impacts of new gun control legislation can trickle into many different areas, including cases of domestic violence, and especially those involving firearms. Let’s take a closer look at the issue of gun control in the context of domestic violence in California to see what we can learn–and what to expect if some of these new gun bills become law.

Overview of Current Gun Laws and Domestic Violence