Domestic Violence
What Qualifies as Domestic?
What qualifies as domestic violence? There has to be a predicate act like a person texting you hundreds of times a day. There also must be a need for ongoing protection. For example, there is a YouTube video in which a man went on a date with a young lady, and she immediately began sending him hundreds of texts multiple times a day. That may constitute harassment. They would have to prove the elements of the offense, but the question is whether continued protection is needed.
Can Domestic Violence Charges Be Dropped?
Can domestic violence charges be dropped? Domestic violence cases involve two separate pathways. There’s the family division for the final restraining order, and then there are the actual criminal charges. If it’s harassment text messages, for instance, there may not be an underlying criminal case. However, if the incident involves aggravated assault, such as choking or a broken nose, it is likely that a parallel criminal case will be involved.
What Happens if the Victim in a Domestic Violence Case Won't Testify?
What if the victim in a domestic violence case does not want to testify? in the family division that issued the restraining order, it will likely get dropped. However, the parallel criminal charge will likely move forward because domestic violence cases are 9.9 times out of 10 picked up by the state, and they prosecute them anyway.
What Are the Penalties for a Domestic Violence Conviction?
What are the penalties for a domestic violence conviction? If you’re convicted in the family division, you won’t be able to lawfully possess a firearm. Criminal-wise, it depends on the charge. Let’s say you were sending threatening text messages. You will receive a harassment charge in municipal court, with six months in jail and fines if convicted. But let’s say it’s choking and a broken nose. That’s a second-degree domestic violence charge. If convicted, you most likely are subject to the No Early Release Act, and you would have to serve 85% of your sentence. You’d be sentenced to 10 years and would have to serve eight and a half years.