Los Angeles Criminal Defense Attorney Blog

Published on: June 18, 2022

Adult Children and Domestic Violence

While the vast majority of domestic violence cases occur between spouses, domestic partners, or dating partners, there’s an often-overlooked version of domestic abuse that can be particularly harmful: when adult children become physically violent toward their parents. This type of domestic violence often falls into the category of “elder abuse” under California law, but it can also be classified as regular domestic violence, in part because the legal definition of “domestic violence” in California includes not just abuse between spouses and intimate partners, but also abuse between certain family members who live together. Let’s take a closer look at this troubling form of domestic violence to see what we can learn.

A Spike in Cases

According to research, approximately one million older adults are victims of domestic violence each year—and in about forty percent of those cases, the abuser is an adult child of the victim. During the recent quarantines of the COVID-19 pandemic, however, these numbers likely rose significantly as many grown children came home to shelter in place. One study estimates that incidents of abuse toward older people increased by as much as 84 percent during the pandemic–meaning that approximately 1 in 5 older people suffered some type of abuse during this time. Not all of these incidents were perpetrated by adult children, but if the normal percentage (40 percent) holds steady, it still amounts to a staggering number of adult children committing domestic violence against the parents who were attempting to shelter them.

Published on: May 16, 2022

After Two Years of COVID, Are Domestic Violence Rates Still Rising?

by Michael Kraut

The COVID-19 pandemic has had a profound and lasting impact on almost every aspect of our lives. While the initial lockdowns and response to the pandemic may have saved many lives, it’s been well-documented that domestic violence rates spiked significantly during the weeks and months of quarantines and lockdowns. The number of domestic violence 911 calls went up in many cities, but experts believe there were many more victims who never made a call. The reasons behind these increases ranged from increased financial pressure to depression to being forced to stay in close quarters with abusers.

But what about now? Two years into the pandemic, quarantines and even mask mandates have been lifted. Business as we know it is returning to normal, even as we continue to encounter spikes in infection rates. Now that we’re no longer stuck in close quarters and many/most of us are back to work…are domestic violence rates now dropping? Or are they still on the rise?

There is unfortunately no definitive answer. Most of the reports and studies available have been focused on the early days of the pandemic when the risk factors were highest, so current data is inconclusive at best. However, while the immediate quarantines are over, the long-term effects of the pandemic are still very much with us–as are the “ripple effects” it has had on so many other parts of our lives. Thus, it’s reasonable to assume that many households are still at elevated risk for domestic violence, and will likely continue to be so for some time to come. Let’s look at some of the likely contributing factors to this risk.

Published on: April 13, 2022

Mending Relationships after a Domestic Violence Altercation

by Michael Kraut

Let’s be honest: it’s hard to rebuild trust after it’s been shattered. Perhaps an argument with your spouse or significant other got out of hand and became physical. Maybe this is the first time it ever happened—and maybe it resulted in your being arrested on suspicion of domestic violence. Whether or not you go to jail—and indeed whether or not you’re even charged with a crime—there is now a rift within your family. It can be difficult to know how to move forward.

Your relationship has likely changed forever, and the healing process will take time. And it’s not just about a broken relationship with your spouse or partner—domestic violence wounds everyone in the family who is connected to it, in one way or another. What steps can you take to begin repairing the relationship—and even more importantly, what can you do to prevent another domestic violence altercation from erupting in the future?

We’ll discuss some specific tips below, but for starters, know that the healing process for your relationship begins with a simple two-fold strategy:

Published on: March 16, 2022

Domestic Violence Incident Caught on Video: How to Respond

by Michael Kraut

In a day when video cameras are everywhere–including on our smartphones—it’s becoming more and more common for crimes to be “caught on tape.” But what if it happens to you? Perhaps you get into an argument with your significant other, and perhaps things get out of hand. Next thing you know, you’re under arrest, charged with domestic violence, and you’re told the entire event was captured on video. How should you respond? Does the video evidence ensure that you will be convicted of a crime? What can you do to make sure your rights are protected as you move through the legal process?

The inclusion of video evidence in a domestic violence case can dramatically change the dynamics of the case, as well as your defense strategy. Here’s what you need to know.

Is Video Evidence Admissible in Court?

Published on: February 7, 2022

Text Messages and Cell Phone Video as Evidence in Domestic Violence Cases

by Michael Kraut

It’s no secret that technology has radically changed the way we live our lives over the past several decades. And while some may lament the loss of personal connection that comes with increased reliance on technology, there’s no doubt that it has improved certain aspects of our lives, including how domestic violence cases are processed. In the past, prosecutors and defense attorneys could only rely on eyewitness testimony to build a case—and sometimes, it was little more than the victim’s word against the accuser. But now, with the advent of instant and permanent communications like text messages, cell phone videos, and social media posts, evidence of the truth is often much easier to ascertain. This can work just as easily as evidence to prove accusations of domestic violence as it can to disprove them. Let’s take a closer look at how some of these technologies can be used as evidence in domestic violence cases.

Cell Phone Video

The power of user-generated phone video was never more proven than in the notorious murder of George Floyd by law enforcement officers in 2020. That murder, captured on video and released virally, kindled months of national protests under the Black Lives Matter movement and contributed greatly to the conviction of those responsible for his death.

Published on: January 17, 2022

Lessons About Domestic Violence from “Maid”

by Michael Kraut

The reality of domestic violence in our world—and more specifically, the process of moving on from domestic violence– as recently found its way back into the national conversation with a popular new TV series on Netflix, Maid. Based loosely on the memoir of domestic violence survivor Stephanie Land, Maid depicts a woman who must live in a shelter with her children and work as a housekeeper after leaving an abusive relationship. While the show focuses primarily on her recovery, the story of her abuse is told through a series of compelling flashbacks—and while the show itself is a fictionalized account, Land confirms that many of the details are accurate as far as what she went through and the living conditions she endured. The series is a window into certain aspects of the fallout of domestic violence that are rarely discussed–aspects that those who are accused of felony or misdemeanor domestic violence may learn from. Let’s explore some of the primary takeaways from the show.

Domestic violence survivors frequently encounter financial hardship.

The financial aspect of leaving an abusive relationship is often overlooked, but statistics suggest that more than 94 percent of physically abusive relationships also involve some form of financial abuse. These difficulties are amplified if the abuser controls finances in the household, and survivors may not have access to money needed for basic necessities like food and clothing after leaving their partners. Survivors also need legal assistance when seeking restraining orders against abusers who find them at new locations or attempt contact with them through social media networks (something that abusers may do).

Published on: December 24, 2021

Biggest Domestic Violence Stories of the 2020s So Far (Part 1)

by Michael Kraut

In recent years, we’ve seen a lot of progress in the fight against domestic violence. From increased awareness to stronger legislation, stiffer penalties, and better services, there’s been a lot of positives to come out of it all. Unfortunately, though, the 2020s have so far shown us that America is still struggling with this issue right along with other nations and has yet to find an answer for how to completely eradicate it from society.

One in three women and one in four men have been the victim of physical violence by an intimate partner at least once in their lifetime–and most experts agree these numbers are underreported. For this reason, it’s important once in a while to review human stories and news articles to raise our awareness and learn. Let’s take a look at some of the more important and higher-profile domestic violence stories since the 2020s began.

News Coverage of Gabby Petito’s Death Raises Questions

Published on: December 3, 2021

Can a Domestic Violence Arrest Impact Your Professional License?

by Michael Kraut

Being arrested and charged with domestic violence in California can wreak havoc on your life in many ways. You may have a protective order against you that forbids you from contact with your significant other and possibly your children. You may be forced from your home. You may have to change your daily habits and routines to avoid running into the person. You may face fines and jail time. But the repercussions can extend even beyond these complications—even as far as your career. As many licensed professionals have learned the hard way, a domestic violence conviction can ultimately result in having your professional license suspended or revoked.

Doctors are required to maintain an immaculate record of integrity for their patients’ safety. Lawyers have the duty to uphold justice for all parties involved in a legal proceeding without prejudice or bias. Nurses must provide care that is both competent and compassionate while maintaining confidentiality at all times. And so on. All of these professions, along with many others, require practitioners to maintain high ethical standards as well as demonstrate professionalism through their conduct at work–even off duty. Being charged with domestic violence puts all that integrity into question largely because it’s considered a “crime of moral turpitude”–that is a crime that involves dishonesty or intentional harm, and one that carries harsher penalties than other types of crimes.

If you are a licensed professional in California (e.g., doctor, lawyer, pharmacist, CPA, etc.), you need to be aware of the possible consequences a domestic violence conviction could have on your career. Let’s explore this issue in greater detail.

Published on: October 31, 2021

A Look at Domestic Violence Internationally

by Michael Kraut

While domestic violence continues to be a significant public health problem across the nation, the fact remains that the United States enjoys some of the strongest legal protections against domestic violence found anywhere on earth. With more than one billion women living in countries with no legal protections against DV, it’s evident there is still much work to be done to change mindsets and provide more protection across the globe. And yet, in recent years, the world has seen a remarkable amount of progress as more and more countries pass stricter laws and stronger penalties against domestic violence. Let’s take a snapshot of our world and look at this issue from an international perspective. Where are domestic violence protections strongest? Where are they nonexistent? How much progress is being made?

The Good News About Domestic Violence Protections Internationally

As recently as 2006, only 60 nations across the globe had passed laws prohibiting domestic violence; by 2011, the UN reported that that number had more than doubled, to 127 nations. The latest numbers show that 144 countries now have laws in place to protect domestic violence victims and punish the perpetrators. This data indicates a positive trend of new laws being passed with heightened awareness of the need to protect victims. The Washington Post reports that the continents of North America and Europe currently enjoy the strongest and most consistent legal protections available for domestic violence victims–and the United States is at or very near the top of the list. Other nations with similar laws against domestic violence include Chile, Columbia, New Zealand, South Africa, Austria, and the UK.

Published on: October 5, 2021

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

by Michael Kraut

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.