Dear Readers,

Domestic violence charges are different, and so is this issue of The Arrest Report.

As always, we tackle the tough issues regarding criminal defense, and we particularly focus on those charges that are “exceptions to the rule.” This month, we explore domestic violence cases. Domestic violence charges are, of course, criminal charges. However, these charges are typically one person’s word against another’s, and people may be arrested with little or no hard evidence that a crime was committed. Also, those charged with domestic violence are not treated as innocent until they are proven guilty. Often there is a presumption of guilt that typically results in the issuance of a “protective order” from the court, destruction of the family unit, the defendant’s forced eviction from the home and destruction of the defendant’s property.

In domestic violence cases, even more than in other criminal cases, it is crucial to keep detailed records and notes about what happened. Many times, the only evidence available is a person’s word and a police report. Almost no one knows what really transpired before, during or after the incident. (Unfortunately, false reporting of domestic violence charges is sometimes used as a tool of manipulation in a dysfunctional relationship.) As a result, these cases can be highly suspect and depend greatly on an attorney and his or her investigator to reveal the truth.

Regardless of the truth, it is difficult to stand accused of domestic violence charges. Even though this country’s justice system is founded on the belief that everyone is innocent until proven guilty, this presumption seems to disappear when talking about domestic violence charges. The laws themselves contain the words “victim” and “abuser” when addressing the parties involved. It seems that even the legislators are not willing to give the accused the benefit of the doubt that the Constitution requires.

Finally, domestic violence charges contain not only a criminal charge, but many times there is civil element involved: a restraining order. These orders may automatically ban the defendant from his or her household and children. This issue’s article, “Protective Orders and How to Deal with Them,” is crucial to understanding protective orders and how to fight to see your family.

Because we deal with sometimes confusing criminal charges, we at The Arrest Report take a step back from the usual. Instead of providing detailed, technical articles on difficult legal topics, this issue is designed to provide practical help for anyone arrested for domestic violence. We’re here to provide you with help and hope in this difficult time.

To that end, we included an interview with a well-known and respected person in the field of criminal defense. In this issue, we are fortunate to have caught up with one of California’s foremost criminal defense lawyers: Darren Kavinoky. Kavinoky, founding partner of The Kavinoky Law Firm, is regarded as a true criminal defense warrior, and he is held in high esteem by prosecutors, defense lawyers and judges. He has appeared as a legal expert on “Larry King Live,” the “Today” show, “Nancy Grace,” “Entertainment Tonight,” “Celebrity Justice,” “The Insider” and many other TV and radio shows. I’m certain you’ll find this issue’s interview with Mr. Kavinoky helpful and worth the read.

Kavinoky admits that many of his clients come to him with a sense of dread, mistakenly believing that there is no way to successfully defend domestic violence charges. They think that their partner’s word will be believed over their account of the events; and they believe that once they are arrested, it’s an open-and-shut case. Thankfully, his interview addresses these common, but incorrect, assumptions.

Domestic violence crimes have a stigma attached, and most people do not want to stand up for the constitutional rights of those accused. Those who stand up and fight are truly liberty’s last champions. I hope that, if nothing else, this issue of The Arrest Report gives you courage. It takes courage to defend yourself. It takes courage to stand up in court and say, “Not guilty.” It takes courage to fight.

If this magazine inspires just a little more courage in you, then we at The Arrest Report will have been truly successful. I wish you courage, and I wish you well.

Braden Pollock
Editor-in-Chief