Facts:   David Edward “Puck” Rainey, a former cast member of MTV’s The Real World, was arrested on June 19, 2011 for domestic violence.  Since his appearance on the show in 1994, Rainey has had numerous run-ins with the law.  In 2003, he was arrested on suspicion of domestic violence, but charges were never filed.  Rainey was arrested twice in 2009, pleading no contest to both felony possession of ammunition and battery on his girlfriend.  He received three years probation for the ammunition plea and served one year in Los Angeles County Jail for the battery plea.  In 2010, Rainey was arrested on suspicion of drunken driving in California after rolling his car down an embankment.  Rainey and his then eight-year-old son were both seriously injured in the accident.
 
Law:   Rainey was arrested on suspicion of felony corporal injury on a spouse or cohabitant.  In California, Rainey would be facing up to four years in state prison and a fine of up to $6,000.  West's Ann. Cal. Penal Code § 273.5.  However, in California, battery is known as a “wobbler” crime, meaning it can be charged as either a misdemeanor or a felony.  Mr. Rainey’s case was presented to the local prosecutor as a misdemeanor spousal battery.  As a misdemeanor, Mr. Rainey is facing up to 1 year in jail and a maximum fine of $2,500. 

In any domestic violence case, California is going to have to prove three basic elements:  1) an unwanted touching, typically with some type of violence or force (proof of an actual injury is not needed), 2) an intent to use the violence or force, and 3) a showing that the parties were intimate partners (married, divorced, cohabitants, etc.) 

As previously mentioned, domestic violence can be charged as a misdemeanor or a felony.  A prosecutor is more likely to charge the defendant with a felony if the victim shows signs of serious injury after the incident.

Analysis:   Rainey’s recent history of domestic violence and other trouble with the law will obviously affect him here.  In 2009, he served a year after pleading no contest to domestic violence.  It appears that the prosecutor is only going to pursue this case as a misdemeanor, which only carries a one year maximum sentence.

Rainey’s legal troubles, however, are far from over.  He is still on probation from the 2009 ammunition charges, and he may have to answer for violating the terms of his probation.  He will likely face maximum fines for these charges, also.  Domestic violence is a serious crime and not difficult to prove since there is no requirement that the victim actually be injured.  The crime can simply be based on an allegation of an injury, which may turn into a “he-said, she-said” battle.  Given his history of domestic violence, the court is unlikely to be sympathetic to Mr. Rainey.

Advice:   The Bureau of Justice statistics once estimated that 92% of domestic violence victims are female.  (link: http://family.findlaw.com/domestic-violence/domestic-violence-background.html)  It is also possible, however, for a male to be the victim of domestic violence.  If you are ever a victim of domestic violence, regardless of sex, please seek immediate help from the appropriate authorities.

Abuser: Those who are aware of their own violent inclinations should seek help immediately.  Rainey is not a unique case in that he has continued to abuse his partners.  While it is hard to accurately gauge how many abusers continue to cause harm (primarily because victims often do not report the violence), available statistics indicate a high likelihood of repeat abuse.  Rainey has been accused of domestic violence three times now, and his behavior seems to be growing more erratic.  This is a dangerous cycle that should have been addressed long ago by a doctor or psychologist.  If you find yourself on a similarly dangerous path, please seek help as soon as possible.
   
Victim:  It is important to remember that help is available and that you are not alone.  While statistics vary, approximately 1 in 4 women will experience domestic violence in their lifetime.  (link: http://www.dvrc-or.org/domestic/violence/resources/C61/) 

As you’ve seen above, without meaningful intervention, the cycle of violence may continue.  If you are ever the victim of domestic violence, please report it as soon as possible for the protection of everyone involved.  If you are in California, you can find helpful links here:

http://family.findlaw.com/domestic-violence/state-domestic-violence-info.html#CA. 

To find helpful information in other states, please visit here: 

http://family.findlaw.com/domestic-violence/state-domestic-violence-forms.html. 

Unfortunately, domestic violence is a very dangerous and very real experience for many women and men.  The legal consequences are serious and will affect all parties involved for a long time.  If you think you are at risk, please seek immediate assistance and remove yourself from the dangerous situation before it turns violent.