criminal threats

Published on: April 11, 2024

Domestic Violence Charges: When Your Accuser Declines to Testify

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: 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: November 17, 2022

The Effect of Domestic Violence Accusations on Your Dating Life

by Michael Kraut

Being accused of domestic violence can have a serious and lasting effect on almost every aspect of your life. Even if you are never charged with or convicted of a crime, for example, the existence of a protective order alone can force you from your home, increase your expenses, affect your job, and a host of other consequences. One thing that you might not have considered, however, is the effect that the stigma of domestic violence could have on your future dating relationships. If your former partner has no intention of reconciling, what complications could you face with future relationships with a domestic violence conviction or a restraining order on your record? Let’s look at this question a bit more deeply.

Challenges You May Face in Dating as a Domestic Violence Defendant

While it may not be immediately apparent, there are numerous ways that being accused of domestic violence can impact your dating life, especially when it comes to making potential partners hesitant to date you. Let’s look at some of the complications you may have to deal with.

Published on: October 17, 2022

Emotional Abuse Is Now Considered Domestic Violence in Some States. Where Does California Stand?

by Michael Kraut

In June 2021, Connecticut became the third state in the U.S. to expand its legal definition of domestic violence to include emotional abuse (the specific legal term is “coercive control”). Similar legislation is in the works in five more states. Under these expanded definitions, domestic violence protections are no longer just provided for specific instances of physical abuse, but also for a “pattern of behavior” that controls, intimidates, or isolates a victim. In other words, victims in states with “coercive control” laws can seek restraining orders against their abusers for alleged emotional abuse, not just physical violence or threats of violence.

So where does California stand in all this? Can you be accused of domestic violence against your spouse or partner on the grounds of emotional abuse in California? Let’s explore this issue further to see what we can discover.

What Is Emotional Abuse?

Published on: August 17, 2022

Domestic Violence and the Internet: Taking the Crime Online

by Michael Kraut

While most people think of domestic violence as the act of physically striking one’s partner or spouse (and indeed, domestic battery accounts for the lion’s share of domestic violence incidents), the State of California counts plenty of other actions as “domestic violence.” In fact, nowadays, you don’t even have to be in the same room as your partner to be charged with a crime! Some people have been surprised to find police at their doorsteps with a warrant for their arrest on domestic violence charges–even though they weren’t anywhere near their alleged victims!

How is this possible? Because perhaps without realizing it, by law, these people were committing domestic violence online.

The use of the Internet has expanded domestic violence into cyberspace, and California’s laws have expanded in kind to list numerous types of online activities as crimes. And because many of these online activities are traceable, they essentially leave an evidence trail that can make it easier for the cops to arrest you–and easier for prosecutors to prove you committed a crime. Let’s discuss a few possible online activities that could ultimately result in domestic violence charges.