Domestic Violence defense

January 18, 2023

Dealing with Shame and Regret After Domestic Violence

You never intended for it to happen. You had a disagreement with a member of your family (perhaps a spouse or someone else you love). Emotions escalated, and you lost your temper. Now, you’re facing possible charges of domestic violence. Perhaps you’ve alienated your loved one, and they’re now seeking a protective order against you. The idea fills you with regret—and with shame. What do you do?

Let’s be honest: it is natural to experience feelings of shame and regret after a domestic violence incident—and they can be very difficult to process. But these emotions can also be used as a force for positive change in your life. Let’s explore how to take those negative feelings of shame and regret and use them to create healthier relationships with the people close to you.

Understanding the Gravity of Domestic Violence

December 15, 2022

The Impact of “Gaslighting” in Domestic Violence Situations

by Michael Kraut

In domestic violence cases, whether in protective order hearings or during a trial, the term “gaslighting” is often used to describe a pattern of behavior in which the defendant’s denial of wrongdoing actually furthers the abuse. In reality, gaslighting IS a form of abuse, and if you do it to your partner, the state gives your partner recourse against you. But in this day and age, if you’re accused of domestic violence, false allegations of “gaslighting” can actually strengthen an unfair case against you. Let’s delve deeper into the subject of gaslighting–what the term means, how it can further a pattern of abuse, and how it could even be used against you in a domestic violence case.

What is Gaslighting?

In California, domestic violence is defined as abuse committed against an intimate partner, cohabitant, or family member. This abuse can take many forms, including physical, emotional, sexual, economic, and psychological abuse. “Gaslighting” is a type of psychological abuse in which the abuser attempts to make the victim doubt their own perceptions, memories, and even sanity in order to keep the victim under their abusive control. The term “gaslight” comes from a British stage play Gas Light, later remade into the famous film Gaslight starring Charles Boyer and Ingrid Bergman, in which a husband uses trickery to convince his wife she is losing her mind.

November 17, 2022

Financial Abuse in Domestic Violence Cases in California

by Michael Kraut

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

June 18, 2022

Do Violent Video Games Encourage Domestic Violence?

by Michael Kraut

Video games have fascinated us ever since they were invented. In an age where these games are becoming more and more sophisticated and realistic—and frequently violent—a gnawing question is resurfacing in the public debate, especially considering the spike in both domestic and mass violence in recent years. Is there a link between violent video games and an increase of real-world violence? Or, to put it closer to home, if you play violent video games, are you more likely to commit domestic battery toward your spouse or partner?

This is a question that has been debated for many years, with no clear answer. Some people believe that playing violent video games can desensitize players to the horrors of violence, making them more likely to commit acts of violence themselves, both in and out of the home. Others argue that there is no evidence to support this claim and that playing violent video games does not cause people to act violently in real life. The argument plays out everywhere, from coffee shops to Congress.

So, what do the experts say? Unfortunately, there is no clear consensus. Some studies have found a correlation between playing violent video games and increased aggression, while other studies have found no such link. It is difficult to say definitively whether or not there is a causal connection between playing violent video games and committing acts of domestic violence. Nevertheless, let’s take a closer look at this question to see what we can learn.

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