domestic battery

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

May 16, 2023

Using Technology to Avoid a Repeat Domestic Violence Arrest

by Michael Kraut

If you’ve recently been arrested for and/or charged with domestic battery, stalking, or other forms of domestic violence, you already know what a disruption it can be to your life and your family. Of course, your first course of action is to navigate this process with the help of an experienced attorney–but when the initial crisis is over, your next most important step is to find ways to avoid a repeat incident.

Fortunately, as with so many other problems in our lives, the digital age now offers solutions that we didn’t have even a few years ago. Let’s explore some technological innovations you can leverage to help you address the issues that may have caused this incident, move past this crisis, and, most of all, avoid future incidents.

Helpful Mobile Apps

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?

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