Domestic Violence defense

September 15, 2024

Managing Anger and Violent Tendencies: What Doesn’t Work (and What to Do Instead)

Anger is a powerful emotion, and when not managed properly, it can lead to severe consequences, including, sometimes, violent behavior. Many acts of domestic violence stem from unresolved anger issues. Perhaps this describes your current situation; maybe your anger got the best of you, causing an argument with your partner to escalate out of control, and now you have found yourself under arrest and charged with domestic violence.

Perhaps this is your first offense, or maybe it’s happened before. Perhaps you’re aware of your anger issues and have been trying to control them. Unfortunately, there are many misconceptions about handling anger that, instead of helping, can exacerbate the problem. Let’s talk briefly about what doesn’t work in managing anger and what you can do instead going forward.

Common Mistakes and Myths in Managing Anger

May 15, 2024

How to Conduct Yourself in Court in Front of Your Domestic Violence Accuser

by Michael Kraut

Facing charges of domestic violence in California is a profoundly serious matter that can impact every facet of your life—from your personal relationships to your standing in the community and future employment opportunities. The legal process that follows such accusations is fraught with emotional and legal complexities, not the least of which is facing your accuser inside a courtroom.

Since most domestic violence cases involve intimate partners, there’s a strong likelihood that your accuser is someone you love or once loved. The rules of engagement with this individual are vastly different inside the courtroom than they were in your home. Understanding how to navigate these challenges with dignity, respect, and a clear head is crucial to ensuring you receive the best resolution possible for your case.

Understanding the Legal Implications of Domestic Violence Accusations

April 11, 2024

How the Trial Against O.J. Simpson Changed California’s Approach to Domestic Violence

by Michael Kraut

There was a time in California when protections for domestic violence victims were admittedly lacking. Law enforcement appeared generally reluctant to get involved in domestic squabbles, often viewing it as a “private matter” between husband and wife–and when they did get involved, they frequently let the alleged perpetrator off with a warning if the injuries appeared to be minor or nonexistent. Victims often faced disbelief and apathy from the criminal justice system, with abusers escaping harsh punishment or even prosecution.

All that changed with the high-profile trial of O.J. Simpson in 1995.

Despite the controversial outcome of Simpson’s acquittal, the trial put a spotlight on the issue of domestic violence, bringing it out of the shadows and into public consciousness. It sparked important conversations about victim blaming, power dynamics in relationships, and the need for stronger laws to protect domestic violence victims. California responded in kind with much stronger laws protecting the victims. Still, some would argue the pendulum has swung too far in the other direction, now unfairly implicating and penalizing the accused even before they have been found guilty. Let’s discuss this pivotal criminal trial and its overall effect on California’s approach to domestic violence today.

February 23, 2024

Why People Falsely Report Domestic Violence

by Michael Kraut

While domestic violence is a serious public health issue, and while the State of California rightfully implements strong laws to protect victims, there are also many instances in which someone may be unfairly accused of domestic violence. In fact, research has shown that in as many as 25-35 percent of all domestic violence cases, accusations made are either unverifiable by facts, made by mistake or outright fabricated. Unfortunately, when this happens, California law tends to err on the side of the alleged victims, drawing immediate guardrails around the accused as a precaution and causing significant life disruptions in the process.

Perhaps you’ve experienced this reality firsthand. Maybe your partner has falsely accused you of domestic violence, and you’ve found yourself removed from your home, hit with a protective order barring you from contact with your partner (and possibly your children), and perhaps even facing criminal charges–let alone being saddled with the public stigma of being labeled an abuser. Why do these accusations get made–and more importantly, what can be done about it to repair the damage to your life?

False Domestic Violence Accusations: Why and How

January 23, 2024

Domestic Violence Prevention: Recognizing the Signs of a Toxic Relationship

by Michael Kraut

Domestic violence can happen to anyone, regardless of age, gender, or social status. However, one common predictor is the presence of toxicity in the relationship. Volatile emotions, poor disagreement skills, power imbalances, manipulation, and control characterize this toxicity. In the early stages of a relationship, these traits may be mistaken for typical challenges. But if left unchecked, they can escalate into domestic violence, leading you down a path of complicated court processes and serious consequences.

Toxic relationships aren’t the sole cause of violence, but if you’ve recently been arrested for domestic violence, chances are you missed some early warning signs of toxicity. Recognizing these red flags is crucial for legal reasons and fostering healthier dynamics. Early recognition and intervention can help avoid legal involvement. Let’s delve into this idea and explore the signs and red flags to watch out for.

What Constitutes a Toxic Relationship?

October 18, 2023

Domestic Violence: How It Can Affect Your Job (And What You Can Do About It)

by Michael Kraut

Being accused of domestic violence is a serious matter that can have life-altering implications. In California, the consequences extend beyond legal penalties; they can also significantly impact your current job and future career prospects. Not only do you have to deal with the stigma of being simply accused of domestic violence (whether or not it actually happened), but a domestic violence arrest or conviction can also make it difficult to get hired for certain jobs, completely disqualify you from others, keep you from obtaining a professional license, or worse, cause any current professional license you hold to be suspended or revoked.

Fortunately, you’re not entirely helpless in this situation. You can take numerous steps to minimize the damage a domestic violence charge might have on your professional life. Let’s explore the specific repercussions that a domestic violence arrest or conviction could have on your career prospects and what you can do to improve your situation.

How Domestic Violence Charges Can Affect Your Job or Career

September 21, 2023

The Unseen Impact: How Witnessing Domestic Violence Shapes a Child’s Future

by Michael Kraut

When thinking about domestic violence, especially from the standpoint of criminal charges, we typically think of it in terms of the perpetrator (the defendant) and the victim (the accuser). But domestic violence spares no one in the families where it happens, and there are other victims to consider. As many as 90 percent of domestic violence incidents are witnessed by the children in the home, and these children are also victims of the violence, even if they are not direct victims of child abuse.

Overall, the research is clear: Children caught in the storm of domestic violence typically carry the scars into adulthood, and the impacts frequently manifest in psychological and behavioral ways. The fact is, the children can’t help but be affected. The question is, how much does domestic abuse affect children? Does witnessing spousal abuse predetermine a child’s fate? Will they inevitably become either abusers or the abused in their adult relationships? Let’s look at this issue to see what we can learn.

The Psychological Impact of Witnessing Spousal Abuse

August 11, 2023

Accusing Each Other of Domestic Violence: How Mutual Abuse Works in California

by Michael Kraut

People tend to think of domestic violence in simplistic, one-way terms. There is an abuser, and there is a victim–and that is the case in many situations. But in reality, many abusive relationships are mutually abusive–that is, both parties are physically violent with each other. Multiple studies have revealed that up to 60 percent of relationships in which domestic violence occurs are mutually abusive. When both parties allege abuse, from a legal standpoint, the situation gets very complicated very quickly—especially during the arrest and investigation process.

So the question is, how does California deal with such cases? What happens when you and your partner accuse each other of domestic violence? Let’s explore the concept of mutual abuse in California, how it impacts the legal process, and what one can expect when faced with such accusations.

Understanding Mutual Abuse

June 10, 2023

Domestic Violence on College Campuses

by Michael Kraut

We typically think of domestic violence in the context of spousal or family relationships, but it also happens quite frequently in dating relationships. The statistics regarding domestic violence occurring on college campuses alone are both eye-opening and alarming. Victims of domestic violence on campus often feel ashamed and quite helpless because it’s happening at a time when young adults are just starting to navigate the complexities of relationships and personal boundaries. Perpetrators are also coming of age and often don’t know how to control their darker impulses. And if you’re a college student in California accused of domestic violence, you could be facing serious consequences not only criminal charges, but also disciplinary action from the school that could deeply impact your educational and career prospects. Let’s look into this issue further to see what we can learn.

Prevalence of Domestic Violence on Campus

A look at the numbers reveals the scope of the problem. While domestic violence is prevalent across all demographics, the abuse rate on college campuses exceeds the national average considerably. Consider the following statistics from the National Coalition Against Domestic Violence (NCADV) regarding dating relationships on campus:

May 16, 2023

Using Technology to Avoid a Repeat Domestic Violence Arrest

by Michael Kraut

If you’ve recently been arrested for and/or charged with domestic battery, stalking, or other forms of domestic violence, you already know what a disruption it can be to your life and your family. Of course, your first course of action is to navigate this process with the help of an experienced attorney–but when the initial crisis is over, your next most important step is to find ways to avoid a repeat incident.

Fortunately, as with so many other problems in our lives, the digital age now offers solutions that we didn’t have even a few years ago. Let’s explore some technological innovations you can leverage to help you address the issues that may have caused this incident, move past this crisis, and, most of all, avoid future incidents.

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