Articles Posted in Domestic Violence defense

DrugWhen 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: 

science-behind-abuse-2-300x200The more we understand how domestic violence makes its way into people’s lives, the more we can do to stop it from happening. Science, though evolving, has a lot to say about the underlying causes of abuse. Whether this is your first offense, or if you’ve been arrested for domestic violence before—if you have found yourself in legal trouble over domestic violence, understanding the possible triggers for it can help you take steps to break the cycle in your own life and prevent repeat offenses. Let’s continue our discussion of the various factors science says may play a role in the development of abusive behaviors.

Neurochemical Factors Behind Abuse

Neurochemistry is the science behind the chemical processes in our central nervous system–the chemical responses that affect how our brains and nerves respond to stimuli. The idea that domestic violence is linked to neurochemistry is a relatively new field of study, but it has already compiled a strong case. Neurochemistry is being looked at as one of the key pieces to understand why people abuse, and it represents an exciting new direction for intervention possibilities down the road. The link between neurotransmitters and abusive behavior may actually predict an abuser’s likelihood of reoffending—and this information might one day prove valuable in predicting which abusers are more likely to escalate violence and should therefore be monitored closely.

Elder-abuse-domestic-violence-225x300As our society has expanded its understanding of what makes up a family, we see statistically that no family unit is immune to the threat of domestic violence. Whether you’re part of what is historically considered a “traditional” family (i.e., heterosexual married couple/biological parents) or one of many types of “nontraditional” families, it’s still possible for disagreements to get out of hand, emotional triggers to surface…and before you know it, someone is facing domestic violence charges with a restraining order blocking them from the people they love. 

We’ve already begun exploring how domestic violence may affect certain nontraditional families, but let’s continue looking at this topic below.  

Cohabitating Families 

Los-Angeles-domestic-violence-attorney-300x200Given 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.”

immigration-and-domestic-violence-200x300A domestic violence arrest can disrupt your life and your family on many levels on its own. But when you are an immigrant to the United States, and you’re facing domestic violence charges, things can get even more complicated very quickly. Depending on the circumstances and how severe the charge is, a domestic violence conviction can jeopardize your immigration status even if you’ve already obtained your Green Card. You could be disqualified from eventual citizenship and possibly even deported. Let’s take a closer look at this issue and talk about how domestic violence charges could affect you from an immigration standpoint and what (if anything) can be done to minimize the impact.

Immigration Laws and Criminal Convictions

Under United States law, an immigrant can lose their legal status if they are convicted for certain types of crimes, particularly for aggravated felonies and/or crimes involving moral turpitude. Domestic violence charges frequently fall into one or both of these categories, and that’s why a domestic violence conviction could threaten your legal status as an immigrant. From an immigration standpoint, any domestic violence charge that results in a prison sentence of one year or more classifies as an aggravated felony. Examples of DV crimes involving moral turpitude may include, but are not limited to:

domestic-violence-accuser-and-accused-300x200Being 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?

domestic-violence-and-marijuana-200x300Since the recreational use of cannabis was legalized in California a few years ago, public attitudes in the state toward marijuana use have continued to soften. For many years, marijuana has been associated with pain relief, relaxation, and an overall mellow disposition. Proponents of legalizing the drug claim it is less dangerous than alcohol or tobacco and that regulating its use actually boosts the economy while reducing crime. Indeed, considering its effects on most people, it seems unlikely to think that marijuana use could lead to increased domestic violence.

And yet, that’s exactly what numerous studies now indicate. A growing body of research now suggests a distinct connection between regular marijuana use and domestic violence. Can the use of weed actually make you more prone to violence, particularly against those you love? Let’s explore this topic a bit further.

A Look at the Research

Domestic-violence-defense-LA1-200x300Consider 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.

2020-Los-Angeles-domestic-violence-2-286x300The 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.

holday-domestic-violence-300x200While most of us like to think of the holiday season as the happiest and most joyous time of the year, for many of us, it can also be one of the most stressful. According to studies, nearly 40 percent of us report an increase in stress during the holidays. Unfortunately, stress can also be a trigger for domestic violence among vulnerable families. Between a hotly contested election, economic woes, and the ongoing pandemic, this year’s holiday season promises to be more stressful than most.

All of these factors may strike a note of concern for you, especially if you’ve previously been arrested on domestic violence charges or have general trouble with anger management. What can you do now to keep your stress manageable? What steps can you take proactively to keep any holiday tensions from escalating into a very bad situation?

Looking at the Numbers…

Contact Information