Domestic Violence

November 17, 2022

Financial Abuse in Domestic Violence Cases in California

When most people think of domestic violence, they think of some sort of physical abuse—and indeed, most domestic violence incidents in California that result in criminal charges have something to do with assault and/or domestic battery. However, domestic violence can take many forms besides just physical assault. In fact, one element of domestic violence that is more difficult to pinpoint, but no less damaging to the victim, is financial abuse.

Financial abuse is rarely targeted directly in domestic violence cases, but it is remarkably pervasive. In fact, the NNEDV says that financial abuse plays a role in up to 99 percent of domestic violence cases. The State of California has recently enacted new laws that offer more protections for domestic violence victims suffering financial abuse from their partners. If you have been accused of domestic violence in California, whether or not you believe finances played a role, it is important to understand how financial abuse might be used against you in your case. Let’s discuss this topic in more detail to provide a better understanding of it.

What is Financial Abuse?

October 17, 2022

When Domestic Violence Crosses State Lines

by Michael Kraut

Within the State of California, domestic violence law is fairly straightforward, as is the process for arresting and charging someone with domestic battery or another domestic violence crime. But what happens if the victim or the assailant is from another state? What if the offense occurred against a California resident while in another state, or if a partner crosses into California to threaten or attack the victim? Or what if the crime itself crosses state lines (for example, if it involves kidnapping)?

These issues make jurisdiction a bit more complicated, but there are no real “loopholes” where an alleged perpetrator can avoid prosecution because of where the crime occurred. Let’s discuss some basic examples in which a domestic violence case might involve more than one state, and how each scenario might be handled.

If the Act of Violence Occurs in Another State

September 17, 2022

When Your Domestic Violence Case “Goes Public”

by Michael Kraut

In California, which has some of the most stringent domestic violence laws in the country, simply being accused of domestic violence can be incredibly disruptive and stress-inducing. But when those allegations become “news,” whether in the press or through social media, the situation can be exponentially more complicated. Now, on top of facing the hassles of a protective order, possibly being forced from your home, and possible criminal charges, you’re also being tried in the so-called “court of public opinion,” which often considers a person guilty until proven innocent. Let’s talk about some of the ways your domestic violence case could find its way into the public dialogue and what additional challenges you might face as a result.

Ways Your Domestic Violence Allegations Could Become Public

In many cases, family disputes that devolve into accusations of domestic violence happen within the privacy of people’s homes. But the fact remains that in our society, nothing really happens in a vacuum–and many times, people accused of it are surprised to find out how many people know about it. Some ways that your domestic violence case could become a public matter include:

August 17, 2022

Can Domestic Violence be Triggered by a Reaction to Medication?

by Michael Kraut

You’re not exactly sure how you got here. It’s not uncommon for you to get into a disagreement with your spouse or partner, but this time, things got out of hand. You felt an unusual sense of rage, and before you realized it, things had escalated into violence. Perhaps you felt like you were standing outside yourself, watching yourself do something you never believed you were capable of doing. Now, you’re facing domestic violence charges (and possibly a protective order), and you’re devastated. How did this happen?

Then a thought crosses your mind: Could this have been a reaction caused by my medication?

Depending on the medication(s) you’re taking, the answer might be yes. In fact, research has identified at least 31 medications that have been linked to violent behavior in a disproportionate number of patients. While it’s impossible to say for certain whether any given person will become violent while taking these medications, the connection between certain drugs and violence is significant enough that it merits further discussion.

July 16, 2022

Foreign Nationals and Domestic Violence

by Michael Kraut

In the State of California, being charged with domestic violence is a serious matter and can be highly disruptive to your life—no matter who you are. But if you happen to be a foreign national (i.e., a non-U.S. citizen), charged with domestic battery, criminal threats, or another form of domestic violence, the stakes may be much higher. A domestic violence conviction can have significant negative repercussions on your immigration status, resulting in your deportation, denial of re-entry into the United States, or exclusion from naturalization (i.e., the process of becoming a U.S. citizen). And even if you are not convicted, simply being arrested for domestic violence can trigger an investigation by U.S. Citizenship and Immigration Services (USCIS) and potentially lead to your removal from the country.

If you are a foreign national facing domestic violence charges, it is important to understand how these charges may impact your immigration status and to consult with an experienced defense attorney who can help you navigate the complex intersection of U.S. immigration and criminal law. Let’s discuss the laws that address domestic violence when it comes to non-citizens and talk about how to protect your interests if you’re a non-citizen facing these charges.

Domestic Violence and the Immigration and Nationality Act

May 16, 2022

The Connection between Cruelty to Animals and Domestic Violence

by Michael Kraut

There’s a technique frequently used in Hollywood during character introductions in movies and TV shows to subtly inform the audience as to whether that character is a “good guy” or a villain: depict how they act around animals. If the character is shown being kind and loving to their pet, we trust and empathize with them; if the character is mean to animals, we know not to trust them. One of the most poignant examples is in the opening scene of the Netflix series House of Cards, during which Frank Underwood rushes to the aid of a dog that has just been struck by a car, and, while talking directly to the camera, calmly chokes the dog to death. (Not pictured, of course.) We immediately know from this scene that we’re looking at an extremely dangerous man.

This storytelling technique works because we instinctively understand that there is a connection between how someone treats animals and how they will treat humans. As it turns out, it’s more than just a feeling. Numerous studies have indeed confirmed a link between cruelty to animals and domestic violence. In one study of women in abusive relationships who had pets, 89 percent of them reported their violent partner harmed or killed their pet, as well. In another, 88 percent of homes where child abuse was being investigated also showed signs of animal abuse. A third study concluded that people who are cruel to animals are five times more likely to harm other humans.

In short, many authorities and domestic violence advocates now confidently state that if someone is abusive toward animals, it’s an indicator that they either have been or will be prone to committing acts of domestic violence. Let’s explore this connection in a bit more detail to see what we can learn.

December 24, 2021

Biggest Domestic Violence Stories of the 2020s So Far (Part 2)

by Michael Kraut

The 2020s have been a time of both positive and negative change for domestic violence victims in the United States. On the one hand, we’ve witnessed many cases that raised awareness of DV and other forms of abuse–and on the other, the increased rates of domestic violence during the pandemic revealed how much work is left to be done. We’ve gained a greater understanding of the different forms domestic violence can take–how it’s not just physical contact, but can also include things like criminal threats, harassing phone calls, and more.

We started this discussion by looking at specific reported instances of domestic violence. Now, let’s take a broader view, looking at news items that address changing attitudes and what may be done to curb domestic violence in America.

New Poll Confirms Increased DV During Pandemic–But Increasing Awareness, as Well

October 29, 2021

Dealing with Panic Attacks and Anxiety after a Domestic Violence Arrest

by Michael Kraut

If an altercation between you and your partner has ended up with you being arrested on suspicion of domestic violence, chances are your emotions are already at a fever pitch. Being charged with domestic violence can take the fear to a whole new level. Within hours, you’re suddenly faced with the possibility of losing your freedom, your family, access to your kids, etc. Your whole world could be hanging in the balance. Add to that the humiliation caused by being cuffed and put into a patrol car in plain sight of your neighbors, and it’s enough to make anyone anxious.

All this to say, if you begin experiencing signs of panic attacks or severe anxiety in the wake of your domestic violence arrest, you’re not alone. These reactions are quite common, in fact. And yet, resolving a domestic violence charge may still take time, during which you may still have to deal with some of those triggers. So what can you do in the meantime to deal with any symptoms and bring your emotions into check? Let’s discuss some practical solutions.

What is a Panic Attack, and What Are the Symptoms?

October 11, 2021

Savaged on Social Media: Fielding Public Allegations of Domestic Violence

by Michael Kraut

Our justice system is built on the principle that a person is “innocent until proven guilty.” Unfortunately, that’s not how it works in the public debate, especially when it comes to social media. While social media’s purpose is to help us stay connected (at least in theory), the downside is that anyone can say anything on social media without fear of retribution. All it takes is one person publicly accusing another, and everyone who trusts the accuser is likely to take up the offense and make their own negative posts. If the person is facing criminal charges, the problem can be even worse. The accused person may find themselves crucified on social media even before the court process begins. It’s unfair, but it’s just how social media works.

No one understands this new reality better than someone whose partner or spouse has taken to social media to publicly accuse them of domestic violence—especially when there has been an arrest, and criminal charges have been filed. Once the accusation is “out there,” regardless of your guilt or innocence, it can quickly and permanently skewer your reputation. It can affect your other friendships, family relationships, even your job. Even if you’re eventually exonerated, and the charges are dropped, the stigma of the accusation can linger for years to come. What can you do to fix this situation? What steps can you take to repair your reputation? Social media can definitely be a “wild card” when you’re facing domestic violence charges, so let’s discuss some tips for handling social media with grace and dignity during this difficult time.

Don’t Respond to Accusations Online

August 18, 2021

Habits and Behaviors that Can Contribute to Domestic Violence – Part 2

by Michael Kraut

When domestic violence happens in the home, it’s seldom caused by just one thing. While we are all accountable for our choices and our actions, there may be many contributing factors that increase the likelihood of DV occurring. Let’s continue our exploration into habits and behaviors (some unexpected) that may help create a scenario where domestic violence is more likely to occur.

Alcohol Consumption

Although the use of alcohol is never a sole trigger of abuse, the connection between alcohol abuse and domestic violence is widely documented. In fact, a report by the World Health Organization states that approximately 55 percent of domestic violence perpetrators do so after consuming alcohol. While many people drink alcohol for its calming or relaxing effects, large amounts of alcohol can lead to irritability and aggression. The actual science behind why this happens isn’t always so clear, but there seem to be several ways in which alcohol consumption can make domestic violence more likely: