If you have been convicted of domestic violence, you face the possibility of fines, probation and a prison sentence, depending on the seriousness of the charges. For example, disorderly conduct is one of the least serious domestic violence crimes. Domestic violence as a misdemeanor of battery is essentially the threat of violence and faces a maximum penalty of 60 days in jail. There is also the most common charge of domestic battery, which is a first-degree misdemeanor and carries a maximum penalty of one year in jail.
A misdemeanor assault conviction is punishable by up to one year in jail. Law enforcement will only arrest the “primary aggressor” in domestic violence situations. For misdemeanor (not felony) charges, police must determine who was the primary offender. If both persons are believed to have committed a misdemeanor, the police will try to determine who was the primary aggressor and bring appropriate charges.
In 1994, Congress passed the Violence Against Women Act (VAWA). This law, and the 1996 additions to the law, recognize that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system. In 1994 and 1996, Congress also passed changes to the Gun Control Act, which make it a federal crime in certain situations for domestic violence abusers to possess guns. Most domestic violence cases will continue to be handled by state and local authorities.
However, in some cases, federal laws and the benefits derived from the application of these laws may be the most appropriate course of action. Under New York law, there is no crime called domestic violence. In other words, you can't be arrested or charged with domestic violence. Domestic violence is a broad term for violence that occurs between people who are related to or who have a social relationship, such as being married, living together, or having a social relationship.
For a crime to be called domestic violence, it doesn't have to involve people in a romantic relationship or who have had a past romantic relationship. It also refers to violence between family members or those who share the same household. While anyone can become a perpetrator or victim of domestic violence, when a victim suffers a serious injury from domestic violence, the victim is usually a male and the perpetrator is a male. Domestic violence can involve a number of different crimes, such as disorderly conduct, harassment, aggravated harassment; sexual offenses such as sexual misconduct, sexual abuse and rape; assault crimes such as assault, reckless danger, and stalking; strangulation and murder.
In New York State, law enforcement is required to make a “mandatory arrest” for domestic violence calls and a conviction has serious consequences. It's important to take allegations of domestic battery seriously to avoid permanent damage to your reputation and leave a criminal record. In Ohio, for example, if the victim suffered serious injury as a result of domestic battery, the defendant could be charged with felony domestic violence. Domestic violence is a serious crime that can result in jail time, fines, and restricted access to your own home and children.
A victim of domestic violence can be a wife, husband, girlfriend, boyfriend, child, other relative, or housemate. If you are a victim of a domestic violence crime, it's normal to feel scared, helpless and vulnerable. family violence crimes are included in battery statutes, with additional penalties for individuals in a dating relationship or in the same household. While domestic violence is clearly a problem, in their quest to punish alleged perpetrators of domestic violence, prosecutors don't always do it right.
To be eligible for IDV court, the parties involved must have a criminal domestic violence case, as well as a family court case or a marriage case. Other states treat domestic violence as an aggravating factor that triggers greater or greater penalties for the underlying violent act. Domestic battery, for example, may start as a misdemeanor, but quickly escalates to a felony if the victim received serious injury, the defendant brandished a gun, or the defendant has previous convictions for assault. If you hit your spouse, girlfriend, roommate, child, or other family member, for example, you would have committed an act of domestic violence that included assault.