Domestic violence happens in so many
ways; however, the end is always the same, there is the authoritarian and
abusive person inflicting hurt and the victim receiving the hurt, in the eyes
of the law at least. As a result of this, people get incarcerated for abuses
that they claim they did not commit. Once you get charged with domestic abuse
and sentenced, usually through Family Court under Family Law in various states,
it can go into your permanent record, and you automatically have a criminal
record, which may affect your relationships and life going forward, whether you
are innocent or not. This article will discuss 10 Things About Domestic Violence Courts And Sentencing To Be Aware Of.
If you are caught in a fix, here are
10 things about domestic violence courts and sentencing to be aware of:
1. That You Were Arrested Does Not Mean You Will Be Charged
Yes, getting arrested for alleged abuse may cause issues in your relationships, family, and public image, but there is some hope in the ‘innocent until proven guilty’ aspect of the law. In cases where the accused is the actual victim, but technicalities are pointing fingers at them, a good lawyer is needed to get any supporting facts. However, the first thing an individual needs to understand is that until they are sentenced, there may still be a long battle ahead.
2. It Can Matter Who Called 911 First
As insignificant as this seems, it can
make a valid argument and point for the prosecution. Abusers have learned how
to manipulate the system so that it works in their favor, and being the ones to
call 911, even when they are the ones meting out abuse, is popular. In many
cases, because they were the ones who made the call, you may be the one getting
arrested. Now, while you cannot do anything about the fact that they made that
call, it would help to be prepared for the 911 call being among the evidence
placed in the court.
3. Who Had The Worst Injuries?
In the middle of a domestic fight,
sometimes, the victim fights back and, in the process, injures the attacker
severely. In cases like these, gender bias can play a huge role. In some cases it
may not matter if a man or stronger individual has been abused; a woman’s or
physically weaker individual’s case can have an upward trajectory here because they
may have more visible injuries. So, understand that if you are the stronger
person and during the fight, you defended yourself and caused more traumatic
injuries than were afflicted on you, the court process and finally sentencing
may not be in your favor.
4. Can The Act Be Considered Intentional?
Proving whether the injuries
inflicted were a heat-of-the-moment thing or if they were premeditated or
ongoing with intent to hurt may seem hard, but this is where you may get off if
your lawyer is good. In the middle of the fight, did you push them
intentionally to cause harm, or were you trying to get away from them and, in
the process, hurt them? The court is judging based on the traumatic injuries
that can be seen on this individual. However, if your lawyer can prove that you did
not inflict these injuries intentionally, you might be able to escape jail or prison
time. Keep in mind that domestic violence courts that handle these types of
cases are well aware of abusers claiming they had no intent to harm although
they may have.
5. The Sentencing
If you are convicted of the crime of
domestic violence by the court beyond a reasonable doubt, as a first offender,
you could be sentenced to 6 months in county jail. You could also be fined as
much as $10,000.00 dollars. In some cases, there may be community service of up
to 120 hours, and you will be asked to attend counseling. If the case goes to a
domestic violence treatment option court, counseling can most likely be the
Sentence, but a defendant can end up with a harsher sentence.
6. The Sentence Can Be Reduced
If you are guilty, the sentence can be reduced if your lawyer is able to find weaknesses and poke holes in the prosecution’s case. Your sentence could be reduced to a mere misdemeanor or a breach of the peace. In this case, your lawyer can plead for a stayed adjudication where you are never sentenced but made to go through some of the punishments.
If you are worried about the stain
of being an abuser on your permanent record, know that you can seal the record
of the charge. Nevertheless, this can only happen when you were never sentenced
after the charge. Therefore, it is not in the best interest of an actual abuser
to believe that they can commit domestic violence offenses, take a plea deal to the charges, and simply seal
their record after their sentence.
8. A Domestic Violence Charge Can Impact A Child Custody Battle
If your partner accuses you of domestic violence in the middle of or right before a custody battle, you may want to just accept visitation rights or shared custody. The court will not grant full custody of a child to an abusive parent, even though it probably has happened in some instances; if allegations, facts, and evidence are strong enough to be upheld in court, they will probably deny you your child.
9. The Victim Cannot Drop The Case In Some States
Depending on the state where the
charge was made, when a domestic violence case goes to court, it is now the
state versus you. You cannot convince the victim to drop the case as it is no
longer in their hands. The ability to drop the case rests with the prosecutor
if they see a good reason to drop the case.
10. You Cannot Legally Possess A Firearm After Sentencing
If you were charged and convicted of domestic violence, the law prevents you from possessing and owning a firearm. If you are found with a firearm, you may be arrested and sent to jail or prison if you commit menacing, shoot, injure, or kill your victim or someone else.
Conclusion
Domestic violence is never a good
thing. Some domestic violence incidents do not end well. They can not only
leave a devastating trail of emotional, mental, psychological abuse, and
physical injuries but lead to murder too. Domestic violence negatively impacts
everyone involved from kids, families, the abused, abuser, and others as well.
If you are charged with domestic
violence, your world may come to a standstill for a moment depending on the
outcome. However, it is important to work with a competent and experienced
lawyer who can support you and learn your rights in the justice system. Before
you say anything or do anything that may be used against you in a court of law,
get a lawyer and be honest about everything with them as they need all the
facts to defend you.
Finally, remember these 10 things if
you are accused by a partner, even before any charges are made. Ultimately, it is best that people keep their
hands to themselves, avoid using emotional, verbal, and physical weapons to resolve disputes, depart from the
presence of conflict, if possible, take a walk, or just remain apart altogether before any domestic violence ensues and the courts have to get involved.
(Disclaimer: Nothing in this article should be construed to be legal, business, or therapeutic advice.)
References
https://www.courtinnovation.org/sites/default/files/SpecializedFelonyDomesticViolenceCourts.pdf
https://www.lvnvlawfirm.com/10-things-you-need-to-know-about-battery-domestic-violence-in-ne.html
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