protective orders

June 12, 2024

Celebrating Father’s Day Amid a Pending Domestic Violence Case

Father’s Day is traditionally a time for celebration, a day dedicated to honoring the bond between fathers and their children. However, if you are facing domestic violence charges involving your spouse or partner, the holiday can bring a unique set of challenges. You might be prevented from spending quality time with your children in the way that you’d like–or even at all. Even absent these constraints, balancing legal restrictions, emotional turmoil, and family dynamics requires additional considerations that would not usually exist. If your pending domestic violence case is clouding this holiday, what alternatives do you have for celebrating the day?

Understanding the Challenges

When there is a domestic violence case pending, several legal and emotional hurdles can complicate Father’s Day celebrations. These include:

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.

March 23, 2024

Facing Accusations of Domestic Violence Against Special Needs Children

by Michael Kraut

One of the most challenging and distressing situations a parent can encounter is being accused of committing an act of domestic violence against their own child. When the child in question is a special needs child with behavioral issues, the stress is compounded even more as criminal charges of child abuse may result. When you’re parenting a child with special needs, challenges can sometimes escalate into situations that are misunderstood or misinterpreted by outsiders. Even worse–sometimes a vindictive spouse or co-parent will level a false accusation against you, usually to prevail in a custody dispute. Either way, this accusation can feel like a double-edged sword, cutting deep into the heart of your family life and your relationship with your child, who requires extra care and understanding due to their unique needs.

In situations like this, especially given the social stigma involved, it can feel like you’re considered guilty until proven innocent. However, the opposite is still true. While you might be subject to protective orders put in place to ensure the protection of the child, in the end, it’s still up to the prosecution to prove your guilt beyond a reasonable doubt. Let’s delve deeper into this sensitive issue and discuss what a defense strategy might look like.

Understanding California Laws on Domestic Violence

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:

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

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