Los Angeles domestic violence lawyer

February 23, 2024

Why People Falsely Report Domestic Violence

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

July 16, 2023

Common Patterns and Phases in Abusive Relationships

by Michael Kraut

Being arrested on domestic violence charges can be confusing, humiliating, and disconcerting, especially if it’s the first time it’s happened to you. But facing domestic violence charges a second or third time can be utterly demoralizing. The first time it happened, you were unsure of how you got here (perhaps you told yourself things just “got out of hand”), but you swore you wouldn’t find yourself in this place again.

By the second or third arrest, it’s not as easy to discount the issue as a misunderstanding. One time could be written off as an anomaly, but multiple arrests indicate a pattern. Aside from needing experienced legal help to address the charges, the best way to keep this from recurring is to identify the patterns at work and look for ways to disrupt them.

Recognizing Different Types of Abuse

April 25, 2023

When Teens Are Accused of Domestic Violence: How to Avoid Long-Term Repercussions

by Michael Kraut

Domestic violence is an issue that affects people of all ages and backgrounds. Unfortunately, teens are not immune to this problem; statistics show that about 10 percent of adolescents have been victims of dating violence. It might not necessarily be a sign of an emerging violent pattern in your child; teens tend to be impulsive and not always in control of their emotions. But unfortunately, when those impulses run up against the law–particularly domestic violence laws–the negative repercussions can last for many years. California law is strict regarding domestic violence, and while California’s juvenile process operates differently than the criminal justice system for adults, a single moment of bad judgment can still follow a teen into adulthood, making life complicated and ruining potential opportunities.

While it’s impossible to control our teen’s behaviors and choices completely, understanding how the law works can help you and your teen navigate a difficult situation and hopefully minimize the damage. If your teen has been accused of domestic violence—or if you are a teenager who has been accused—the following information may be able to help.

Domestic Violence and the Juvenile Justice System

March 19, 2023

How a Domestic Violence Accusation or Conviction Impacts Your Job Prospects

by Michael Kraut

Being accused or convicted of domestic violence can have serious consequences, not only on your personal life but also your professional life. A domestic violence conviction can make it difficult to find and secure a job for anyone looking for employment in California. Even if you’re sentenced to probation in lieu of jail time, not only will employers often not hire someone with a criminal history, but in some cases, an employer has the right to fire you over a domestic violence conviction, especially if it reflects on the nature of the type of job you hold.

The good news is that being accused of domestic violence does not automatically make you unemployable. You have some rights and options, although you may have to jump through a few more hoops to become gainfully employed. Let’s take a closer look at how domestic violence can impact your job prospects in California and what you can do about it.

An Overview of How Domestic Violence Impacts Employment

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:

March 16, 2022

Domestic Violence Among Military Families

by Michael Kraut

While domestic violence continues to be an epidemic globally, the problem is apparently worse within military families. Numerous studies have indicated that the rates of domestic violence within military households are substantially greater than those in the civilian population. Given the numerous military bases in and around Southern California, many domestic violence arrests in our area involve military personnel.

Suffice it to say if you are an active or veteran military member and you’ve recently been charged with domestic violence, you’re not alone. Let’s discuss this issue in greater detail.

A Look at the Data

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

November 30, 2021

When Does Emotional Abuse Become a Criminal Act in California?

by Michael Kraut

It’s a scenario that can be both surprising and shocking. You have a verbal disagreement with your spouse or domestic partner (as most couples do). Emotions get heated, and you say some things you shouldn’t have said—and maybe didn’t mean. Someone observes the argument and calls the cops—or maybe your partner makes the call herself. A short time later, you get a visit from the police and find yourself arrested on charges of domestic violence or accused of making criminal threats—even though you never physically touched your spouse!

How could this happen? Could you actually be convicted of domestic violence under these circumstances? Theoretically, you could—especially if your heated exchange included verbal threats. Let’s talk about how California law views emotional abuse as part of domestic violence and when heated words might cross the line into a criminal act.

Emotional Abuse and Domestic Violence

May 24, 2021

Domestic Violence Stories of the 2020s (So Far)–Part Two

by Michael Kraut

Given both the increase and the heightened awareness of domestic violence cases since the 2020s began, it’s important once in a while to look at the news stories talking about domestic violence to see both what we can learn and how we can improve the situation for families at risk. We’re reviewing news stories both about general trends and specific instances of domestic violence to see what takeaways we find. Let’s continue that process now.

Brooklyn Woman Executes Her Former Girlfriend After Long, Volatile Relationship

In April of this year, the New York Post reports that a Brooklyn woman turned herself in to police, confessing that she had shot and killed her former girlfriend execution-style after a volatile 20-year relationship. According to prosecutors, police had responded to a total of 14 domestic violence calls over the past two decades, 10 of which had indicated the shooter as the “aggressor.” The shooter’s sister claimed that her sister was mentally disabled and had tried to distance herself from the victim but that the victim “kept coming back.” She said her sister had pulled the trigger because “enough was enough.”

March 15, 2021

When You Are Both a Victim and a Defendant in a Domestic Violence Dispute

by Michael Kraut

Being arrested on suspicion of domestic violence can be highly disruptive to your life—and of course, being the victim of domestic violence is nothing short of traumatic. But what happens when you are both a victim of domestic violence and the person accused of it—at the same time? What if the alleged victim and the defendant are one and the same person—and that person is you?

It doesn’t happen that often—but it does happen. When domestic violence occurs, we typically assume there is one perpetrator and one victim. One person gets hurt, the other one gets arrested and charged. In the majority of DV cases, this assumption holds true—but on occasion, someone who has been attacked in a domestic violence dispute may actually be arrested and possibly charged as a perpetrator. Let’s talk about the complexities of these types of cases, the circumstances in which they may occur, and what you can do about it if you find yourself in this undesirable situation.

How Can Domestic Violence Victims Also Be Charged?