DV Category Archives — Page 2 of 3 — Los Angeles DUI Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney Michael Kraut

January 19, 2021

Surprising Offenses that Count as Domestic Violence in California

Consider the following scenario. You recently had a disagreement with your significant other. Heated words were exchanged. You said some things in the heat of the moment that you later regretted. Perhaps you left and spent the next few days elsewhere, but you called to continue the argument, and again you exchanged heated words. Not long after, there’s a knock at your door. The cops arrest you on a complaint of domestic violence. You’re in utter disbelief. “I don’t understand. I never laid a hand on her!” you tell the police—and later, your lawyer.

Perhaps you are telling the absolute truth; you didn’t lay a hand on her. Did she make up a story to get you in trouble? Possibly. But it’s also possible that in that exchange, you actually broke the law without realizing it.

California’s domestic violence laws are designed to provide extensive legal protections for victims, and therefore, they categorize a wide range of actions as domestic violence—even things that don’t involve any physical contact with your spouse, partner, or family member.

December 11, 2020

Most Notable Domestic Violence Stories 2020 (part 2)

by Michael Kraut

The end of the year naturally provides an opportunity to look back on key moments to see what we can learn. The year 2020 has been filled with cautionary tales, especially concerning incidents of domestic violence, which have been on the rise in the midst of the pandemic. Let’s continue reviewing some of the most notable news stories of domestic violence to discover what lessons we can learn.

More Deaths from Domestic Violence than from COVID-19

As a key example of how “safer-at-home” orders can backfire for high-risk households…ProRepublica reports that in parts of rural Alaska, more people have died from acts of domestic violence in recent months than from COVID-19.

October 30, 2020

Domestic Violence within the BIPOC Community: An Overview

by Michael Kraut

On October 19, activists held a rally in Leimert Park in South Los Angeles to raise awareness of the prevalence of domestic violence among the BIPOC community (Black, Indigenous and People of Color). The event, hosted by a partnership of Black justice organizations collectively known as #Standing4BlackGirls, coincides with Domestic Violence Awareness Month, recognized every October for decades.

While domestic violence respects no color and can impact people of every ethnicity, it has been widely documented that the BIPOC community seems to be affected disproportionately compared to whites, especially in America. Extensive research has been done to explore the reasons for this, and while some answers are easy to document, other explanations remain elusive or speculative. Let’s discuss this question in a bit more detail to see what we can learn.

Breaking Down the Numbers

October 1, 2020

Can Mental Illness Lead to Domestic Violence?

by Michael Kraut

The presumed link between mental illness and violence is a hot-button topic these days—and to the chagrin of many mental health professionals, this connection seems to add to the stigma of those who suffer from various types of mental illness. There are likely two reasons why this connection has been made, at least in the arena of public belief. First, we’ve seen numerous high-profile violent crimes in recent years (most notably related to gun violence and/or mass shootings) that have been attributed with people who have been diagnosed with severe mental illness. And second, many acts of violence are so senseless that we naturally begin looking for a reason why they might have occurred. (In other words, when a violent act appears to be insane, we generally blame it on insanity.)

This idea also raises an important question among couples and families: Can mental illness be a contributing factor or trigger mechanism for domestic violence? Put another way, can we blame an act of domestic violence on mental illness? For that matter, if so, could mental illness be used as a successful defense against domestic violence charges? Let’s explore this question in a bit more detail, looking at the latest science and research while unpacking some of the myths surrounding this question.

The Short Answer Is Yes—But It’s Far More Seldom than You Think

September 1, 2020

Is Remote Learning During the Pandemic Increasing Risks for Domestic Violence?

by Michael Kraut

News reports across the board continue to confirm: Domestic violence is on the rise around the world, largely owing to the ongoing pandemic. Between lockdowns and quarantines, more time spent at home, rising unemployment and numerous other triggering factors, many households have become a tinder box for escalating tensions, which sometimes lead to violence.

One of the many possible aggravating factors for increased tensions at home is the fact that the children have now been stuck at home for months—andfor many, this trend shows no signs of ending anytime soon. Despite ongoing pressure from Washington for local schools to open this fall, many communities are choosing either to start the semesters with remote classes or to implement a hybrid model combining in-person and remote learning. In either case, the children will continue to spend more time at home.

This fact is raising concerns among advocacy groups as there is evidence that some children are particularly at risk for increased abuse at home during this time. For some proponents of reopening schools, their main argument for doing so is their concerns for the children at risk from staying at home. Since many of us will be dealing with some form of remote learning in the coming months, let’s explore in more detail how home education may be increasing the risks for domestic violence. More to the point, if you are experiencing increased stress from remote learning that may put your household at risk, let’s talk about some ways you can diffuse the tension and protect your household.

July 31, 2020

Surprising Links between Prescription Medications and Domestic Violence

by Michael Kraut

For many years, psychologists, healthcare professionals, and researchers alike have been exploring the underlying causes and factors of domestic violence. To that end, the connection between domestic violence and substance abuse has been well-documented. Repeated studies typically report that between 40 and 60 percent of domestic violence cases involve some sort of substance abuse (i.e., alcohol and illicit drugs). The Addiction Center makes an even steeper claim, saying that nearly 80 percent of domestic violence crimes involve drug use—and one study puts the number as high as 92 percent.

But what about prescription drugs? What about medicines that doctors and the general public typically think of as “safe” when taken correctly? Can there be a link between these medications and domestic violence, as well?

As it turns out, a growing body of evidence strongly suggests that even prescription meds and other legal drugs (not including alcohol) can increase the risk of violence in the home. Let’s discuss some of the drugs most commonly associated with DV and explore the connection in a bit more detail.

June 24, 2020

Views of Domestic Violence Across the Generations

by Michael Kraut

If you want a tongue-in-cheek look at how public attitudes about domestic violence have changed over time, take a couple of hours and watch the classic film The Quiet Man (1952), starring John Wayne and Maureen O’Hara. Set in rural Ireland, this John Ford film takes a humorous (but admittedly politically incorrect) look at the volatile dynamic in husband-wife relationships. It’s almost jarring today to see the various ways the characters in the film “wink the eye” at domestic violence in the movie. At one point during the main characters’ courtship, their chaperone quips to O’Hara’s character, Mary Kate: “Have the good manners not to hit the man until he’s your husband and entitled to hit you back.” During the climax of the film, while Wayne’s character Sean Thornton hauls Mary Kate by arm across the Irish countryside with a crowd following, one of the villagers courteously hands Thornton a stick “to beat the lovely lady.”

Perhaps just as telling is Maureen O’Hara’s description of what happened to her behind the scenes while shooting the film. In a noteworthy commentary, O’Hara claims she literally broke her wrist when John Wayne blocked a punch during one scene, and she had to finish the scene in piercing pain. She also claims that during the climactic scene described earlier, her character was supposed to stumble and have Wayne drag her face-first through the dirt—except that Wayne and the director had filled the spot with sheep dung as a “practical joke.”

While these antics (both on and off-screen) would be considered completely inappropriate today, they underscore how much public views of domestic violence have changed across several generations. In truth, domestic violence has been a blight on human culture for many centuries—the main thing that changes is how permissive society is toward it. Looking back just a few decades, it can be surprising to see how much women, in particular, were subjected to in earlier times, and how much they were simply expected to put up with as “the way things were.” Even our grandparents and great-grandparents likely had a different view of domestic violence than we do today. Let’s launch into a deeper look at how earlier generations looked at this issue in Western culture (i.e., Europe and the Americas), both to see how far we’ve come and what we may have yet to learn.

June 1, 2020

Domestic Violence and COVID-19: Rebuilding after the Pandemic

by Michael Kraut

If you ask many people whether there’s a silver lining behind the COVID-19 pandemic crisis, they might tell you that quarantining at home has given them a chance to stop and re-evaluate their priorities, to spend more quality time with family and loved ones, to focus on self-care and self-improvement, or any of a handful of other platitudes. And certainly, for many of us, the stay-at-home orders have given us a chance to recalibrate our lives in some way.

But being quarantined with family isn’t a “silver lining” for everyone. For some households, being cooped up in close quarters can turn toxic—especially if there are unresolved issues involved. For many, things have even turned violent, as demonstrated by a significant spike in the number of domestic violence incidents reported during this time.

What do you do if you were in the second group—the one where quarantining triggered toxic behavior? Perhaps a discussion devolved into an argument and things got out of hand. Maybe you have found yourself arrested and separated from family on an accusation of domestic violence. Where is the “silver lining” in that kind of situation?

March 29, 2020

Women Who Commit Domestic Violence: An Overview

by Michael Kraut

In 2014, noted female soccer star Hope Solo was arrested and charged with two counts of domestic violence assault charges against her half-sister and 17-year-old nephew. That same year, singer Solange (sister of Beyoncé Knowles) was caught on video violently attacking her brother-in-law Jay-Z.

These stories grab our attention, not just because of the celebrities involved, but because they point out the rare occasions in which we hear about women committing some sort of domestic abuse.

When we think about domestic violence, we typically presume the perpetrator is a man and the victim is a woman. And with good reason: The overwhelming majority of DV cases involve a male perpetrator and a female victim. However, some women can be as violent as men when it comes to their relationships, and some believe the number of women who commit domestic violence is significantly underreported. Let’s take an overview of this often-overlooked issue to see what we can learn.

December 19, 2019

Legal Consequences of Domestic Violence in California

by Michael Kraut

The State of California takes domestic violence charges very seriously, and legislators have crafted a broad set of laws to protect potential victims. However, if you’ve recently been accused, arrested or charged with domestic violence, your thoughts probably won’t be on the technicalities of the law, but on what happens next. What can you expect in the wake of domestic abuse allegations, and just as importantly, what are the penalties if you are convicted?

You can brush up on the specific California laws dealing with domestic violence here if you wish, but for now, let’s dig more deeply into the potential legal consequences of breaking those laws—what you can expect, and what (if anything) you can do to defend your innocence if wrongly accused?

Felony or Misdemeanor?