How Domestic Violence Affects Victims Mental Health

Apr 19, 2021

Domestic Violence and Mental Health

Domestic violence is a major problem, all across the world, and a lot of focus is placed on the physical effects of this form of violence, but it should also be noted that there are many mental health effects of domestic violence too. Indeed, many studies and reports have noted clear links between domestic violence and mental health decline in victims.

The psychological effects of domestic violence aren’t always as easy to spot as the physical scars and bruises, but they can be just as damaging, if not more so over the long term. This guide will explore some of the ways in which mental illness and domestic violence are linked. If you’re dealing with domestic violence charges in the state of California, finding a trusted domestic violence attorney is key.

What is the Correlation Between Domestic Violence and Mental Health?

There have been various studies into the links between domestic violence and mental health. These studies have shown that over half of the woman in mental health environments has suffered some form of abuse from a romantic or intimate partner in the past. Commonly, these women suffer from a range of after-effects of domestic violence, including depression, anxiety, and PTSD.

Traumatic events in a person’s life can affect their mental health in a variety of ways. So it’s only logical that if a person suffers physical or mental abuse from someone close to them, that trauma can remain with them for many years, which is why so many victims experience mental health effects of domestic violence.

Even without the clear signs of depression or PTSD or other major mental health problems, victims can still suffer various after-effects of domestic violence mentally. They may find it hard to focus or be productive, for example, or they might have difficulties engaging with others, getting into relationships, providing care, or coping with challenges in life.

How does Abuse Affect Mental Health?

There are many different ways in which abuse can affect mental health. For example, being physically assaulted and harmed by someone who is or has been loved and trusted can be a very damaging experience for a person’s mental state. It may make them frightful, anxious, and depressed on a day-to-day basis, struggling to find enjoyment in life due to the repeated harm they’ve had to endure.

Other mental health effects of domestic violence can include the development of new fears and phobias. People who have been harmed by someone they loved may find it scary to be alone with other people in the future, or they might develop a phobia of intimacy in general. They may struggle in many life situations that might not cause alarm to those who haven’t experienced domestic abuse.

Being abused can also lead to a person developing issues with self-confidence, doubt, and belief. Victims often struggle to value themselves and their lives due to the harm and abuse they’ve received in the past. The psychological effects of domestic violence can therefore be vast and varied, depending on the specifics of each case.

Can Domestic Violence Cause Depression?

There are many links between depression and domestic violence. People often wonder “Does abuse cause mental illness like depression?” and the studies and reports clearly show that this is a very real possibility, with many victims of abuse suffering from depression both during the period in which they were abused and after it.

As explained above, side effects of domestic violence can include fear, anxiety, stress, phobias, relationship problems, self-doubt, lack of confidence, lack of belief, and so on. They can also make it hard for people to enjoy activities, make friends, get into relationships, and get out into the world.

All of this can contribute to depression, so it’s clear that depression and domestic violence are inexorably connected. Anyone who gets arrested for domestic violence in LA can therefore face harsh punishments, including jail time and a criminal record. A criminal defense lawyer is essential for navigating this situation in the correct way.

Ways to Promote Mental Health Wellness for Victim-Survivors

We’ve seen a rise in domestic violence during quarantine, and recent years have shed light on the fact that this problem is widespread and needs to be faced head-on.

Fortunately, with growing awareness, new possibilities have emerged, and there are now many ways in which mental health wellness and self-care can be encouraged for victims and survivors of domestic violence.

• Speaking with mental health professionals and therapists is usually the first step of any wellness plan. They’ll be able to help victims understand their emotions and develop strategies to move past their experiences.
• Mindfulness behavior and exercises can be helpful to promote better mental health in victim-survivors.
• A self-care plan can be beneficial for raising a person’s confidence and belief in themselves, as well as treating their mind and body with greater care.
• An emotional safety plan may also be established to help victim-survivors accept and cope with the emotions they’re experiencing as a result of abuse.

When Can The Police Search My House in California?

Apr 15, 2021

Can The Police Search My Home Without a Warrant?

If you are facing criminal charges in Los Angeles and law enforcement is searching your private property to gather evidence against you, please know that you have rights. The authorities are not allowed to illegally search your private property and take things from your house or car, for instance, to use against you in court. Under the Fourth Amendment of the United States Constitution, law enforcement may not act unlawfully when they are arresting people, searching their property, or taking items from a private individual’s property.

Despite these protections under the constitution and upheld by the state of California, there are times that law enforcement can investigate your private areas and gather relevant evidence to use against you. If you have been arrested and charged with a criminal act in California, it is best not to face the court system alone and without effective and proven professional legal representation.

The Manshoory Law Group only works on criminal defense cases in California, so the firm is well-positioned to defend your rights and freedoms from severe penalties that you could potentially avoid. The Los Angeles criminal defense attorneys at the Manshoory Law Group will look at how evidence was collected by the police and determine if there is a way to show that what was collected by the authorities should be dismissed because it was not properly obtained.

When Can Police Legally Search Your House?

While you absolutely have the right to prevent self-incrimination by having the authorities search your private property, there are instances where the police are, by the law, allowed to do so. In cases where the authorities search your property and find incriminating evidence, your Los Angeles criminal defense attorney is going to have to figure out how strong the evidence against you is.

There are many times that what the authorities have is damning to a defendant. Even though this may be the case with what the prosecution has to use against you in your case, that doesn’t mean that there aren’t other ways to fight your charges. Targeting every aspect of how the police obtained their evidence can be a way to have the most devastating information thrown out of your case.

If it can be argued that the police violated your rights with unlawful search and seizure you may be able to have enough evidence removed that your charges are dropped because of lack of proof.

These are the legal ways that the authorities can gather incriminating information:

• If a judge issues a warrant, then the warrant will state where law enforcement can look and you have to abide by the terms of the legal document.
• If you allow the authorities to search your private property through consent, they have the full range to look at anything they want.
• If there is probable cause an officer can search locations near you.
• If you have an incriminating piece of evidence in clear view of an officer, it can be seized.
• If you flee the authorities and enter into a structure, the police may be able to follow you and what they find they can use.

Speak to an Experienced Criminal Defense Attorney Today

You deserve to have your legal rights and liberties protected even when you are suspected of committing a crime. If a police officer illegally and unfairly tries to use their power to collect information that can hurt you when you go to court, the Los Angeles criminal defense lawyers at the Manshoory Law Group will address this issue and make sure that any of that information is inadmissible in your case.

Call the California criminal defense attorneys at the Manshoory Law Group to schedule your free case analysis today at (877) 977-7750 today.

Bribing a Witness and Taking Bribes in California is a Felony Offense

Apr 6, 2021

What is Bribing a Witness?

It is unlawful under California Penal Code 137 to give a witness anything as a bribe to influence what they say when they are on the witness stand. Likewise, a witness who accepts a bribe to affect what they say in their testimony in court can also be charged with a crime under Penal Code 138.

If you are charged with witness tampering and bribery, you could spend up to four years behind bars, the same is true for a witness that takes a bribe. Both the person who bribes a witness and a witness who agrees to a bribe will be charged with felony crimes. These laws were put in place to safeguard against false testimony by making both a person bribing as well as a person asking for or taking a bribe eligible for serious charges for these actions.

Whether it be financial compensation, tangible gifts, or promises if the prosecution in a Los Angeles criminal case can clearly show that there was intent on either side or both to offer a bribe or acquire one, then felony charges will ensue. Not only will charges come with years in prison, but there are also expensive fines a defendant must pay. Other consequences can include having to take anger management courses and the loss of the 2nd Amendment rights.

Possible Defenses to Charges of Witness Bribery in California

A defendant facing bribery charges in California has to have a strong, and convincing legal defense protecting their best interests. The Los Angeles criminal defense lawyers at the Manshoory Law Group fully understand how to counter California bribery charges. To determine the best explanation as to why your charges are illegitimate they will comprehensively review all details of your case.

Examples of effective bribery defense strategies include:

• When the prosecution shows that you had the intent to bribe another party, the Los Angeles criminal defense attorneys at the Manshoory Law Group can artfully argue that the prosecution is incorrect and that the acts that happened were by chance. That the behaviors you engaged in were not connected to motivating a witness to change their story.
• If you were under the influence at the time the bribe was made it can be said that you didn’t have your senses when the situation took place. 
• You were trying to protect someone you loved and felt compelled to engage in the acts because of the duress you were feeling.
• The police entrapped you and undercover officers actively tried to get you to offer or take a bribe. In any other situation without the pressing by the undercover authorities, you would have never done such a thing.

Work with a Los Angeles Criminal Defense Attorney Today

Countering bribery charges in Los Angeles is complex and should only be done with the help of an experienced Los Angeles felony defense attorney. The talented Los Angeles white-collar crime attorneys at the Manshoory Law Group are committed to fighting on your behalf and obtaining the best possible results.

To learn more about how the attorneys at the Manshoory Law Group can help you beat your criminal charges, please call  (877) 977-7750 to schedule a free case evaluation.

What is Cyberstalking?

Mar 31, 2021

Cyberstalking is covered under California’s broader stalking law, Penal Code section 646.9.

In its most basic terms, it’s a crime to annoy or harass someone with electronic communications and to make credible threats of harm to the recipient or the recipient’s family.

Penal Code section 646.9 states that “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking[.]”

Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.

A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose

To give the law greater enforceability in the digital age, the California legislature stated a “credible threat,” as required for a stalking conviction, may be made by the use of an electronic communication device. (Penal Code section 646.9(g))

Electronic Communication Devices include but are not limited to, telephones, cellular phones, computers, video recorders, fax machines, or (oddly enough) pagers (Penal Code section 646.9(h)) Electronic Communications also borrow from the extremely broad federal definition meaning “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system” (Penal Code section 646.9(h) and 18 U.S. Code section 2510.)

What’s the Worst that Could Happen?

Cyberstalking is a wobbler, meaning it can be prosecuted as a felony or misdemeanor. Prior convictions for domestic violence (Penal Code section 273.5), violations of domestic violence restraining orders (Penal Code section 273.6), or criminal threats (Penal Code section 422), increase the minimum and maximum punishments.

• As a misdemeanor, no priors: 1-year county jail maximum, $1,000 fine maximum
  As a misdemeanor, with priors: 1-year county jail maximum, $1,000 fine maximum
  As a felony, no priors: 16 months or 2 or 3 years state prison, registration as a sex offender (in the discretion of the court)
  As a felony, with priors: 2, 3, or 5 years state prison, registration as a sex offender (in the discretion of the court)

What Defenses can Los Angeles Cyberstalking Lawyers Provide?

To be convicted at a trial, the prosecutor must prove beyond a reasonable doubt that

• The defendant willfully and maliciously harassed or followed another person AND;
• The defendant made a credible threat (online or offline) with the intent to place the other person in reasonable fear for her safety or for the safety of her family;

Cyberstalking is a specific intent crime, so to convict someone of this offense, the prosecutor must prove beyond a reasonable doubt that at the time the communications were sent to the recipient, the intent of the sender was to place the recipient in reasonable fear for their safety or the safety of their family.

This presents a difficulty because only the accused generally knows what their intent was at the time they acted. However, a prosecutor is allowed to prove mental state and intent by circumstantial evidence. If the content of the messages is threatening, and the sender had no other reason to send threatening messages other than to terrorize the recipient, a jury can infer that it was the sender’s intent to do so.

Further, because the cyberstalking law criminalizes speech, an accused person might have some first amendment protections from prosecution. In fact, courts have held that “A person is not guilty of stalking if her conduct is constitutionally protected activity.”

(California Criminal Jury Instructions 1301; See Civ. Code, § 1708.7(f) [civil stalking statute].) So, it is more difficult to prove a cyberstalking case where the victim is a politician or government figure and the messages seem directed squarely at the political actions of the recipient (E.g. “You should be afraid of what God will do to you for supporting abortion! You’re going to rot in hell forever!” written to a state or local government official.)

When Can the Police Search Your Car?

Mar 25, 2021

Can Police Search Your Car?

It’s important to know your rights to react appropriately in encounters with the police. You have to know your rights when you get arrested, for example, to protect yourself. People who don’t know their rights can often make mistakes, saying things they later regret or agreeing to actions that they don’t need to agree with, simply because they weren’t aware that they had a right to refuse.

One of the most common situations in which this may happen is when you get stopped by police on the road. Many people aren’t sure about the specifics of this situation. Can police search your car without your consent? Can a cop search your car without a warrant? And what counts as an illegal search of the vehicle? This guide will answer all of the common questions on the subject.

Vehicle Search and Seizure Laws in California

Searches and seizures of cars and other vehicles may take place in a variety of situations, and it’s important to know that the specifics can vary from location to location. The California search and seizure laws, for instance, may be different from those in a different state.

In general, the police do have the power to pull over cars when they have a reasonable cause for doing so and may request to search the vehicle, obtain a warrant to search the car if the owner refuses, or carry out a warrantless search, depending on the circumstances.

They’ll often do this when they have probable cause to search a car, like if they believe that a weapon or criminal evidence may be found in the car, or if they can clearly see illegal substances or weapons in plain view. So if you’re wondering “Can police search your car if they see something illegal through the windows?” then the answer is a definitive yes.

Fourth Amendment Rights

The Fourth Amendment to the Constitution is what gives car owners protection against unreasonable searches. This essentially exists to protect people against random or arbitrary vehicle searches and invasions of their private spaces without any reason or cause.

Watch the Video to learn more.

Public Policy for Search Restrictions

The main reason why the Fourth Amendment was introduced was to prevent people from having to worry about unreasonable or unjustified searches. It is designed to act as a form of protection for the public and is an integral part of nationwide automobile search rules.

Vehicles as Private Spaces

Originally, the Fourth Amendment only covered homes as ‘private spaces’, but the specifics of the amendment were adjusted to incorporate a person’s car or personal vehicle too. In theory, this can offer protection against an illegal search of vehicles, but history has shown that cars aren’t as well protected as homes.

Can Police Search Car Without Warrant?

So can police search your car without having a warrant? Well, yes, as it’s not always necessary for police to have a warrant to conduct and carry out vehicle searches.

Automobile search rules on this subject have been a little vague over the years, but in 2009, the Supreme Court made a ruling that helped to clarify the situation regarding legal vehicle searches and illegal search and seizure in vehicles.

Police can search a car without any kind of warrant in these situations:

• If the driver has provided consent for a warrantless search
• If the officers have probable cause to indicate that illegal activity or criminal evidence could be found in the vehicle
• If the officer feels that their safety is in jeopardy from a concealed weapon or other threat
• If you are being arrested and the search is a relevant part of the arrest process

What Happens If Police Damage My Automobile During the Search?

This is something of a gray area, and there have been different cases in which people have made claims and gone to court after their possessions or property were damaged in vehicle searches.

In general, if the police have probable cause to search a car, search it, find illegal substances, and do some damage in the process, the owner of the car usually doesn’t have much legal leeway to get any kind of reimbursement.

However, if nothing is found and no law has been broken, the owner of the car can file a claim and potentially take the matter to court with the help of a Los Angeles criminal defense lawyer.