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Domestic violence can be termed as an attempt to cause or causing bodily injury to a family member or placing a family member under constant threat of fear of an imminent physical harm. This is also termed as domestic abuse or family violence. The United States Department of Justice defines it as a pattern of abusive behavior by one of the partners in any relationship or by any of the family members towards one of the member of the same household. The abuse can be physical, mental, emotional, psychological or economical. This apart, imprisonment, kidnapping, harassment, and criminal coercion are also considered as various forms of domestic violence. All the federal domestic violence crimes are considered as felonies. Looking at the enormity and its impact on the American society, the Congress enacted the legislation called ‘Violence Against Women Act (VAWA)’ in 1994. To combat this crime, such crimes are prosecuted by the Department of Justice. This article answers some of the frequently asked legal questions on the laws governing these crimes. I have been arraigned for a domestic violence charge as I simply shoved my ex-girlfriend’s boyfriend. What would be my punishment?
Since you have been arraigned, the judge will ask you whether to plead guilty or not. If you choose to plead not guilty, you might get some time to hire an attorney and to build up your case. In most of the cases, the accused never prefer to take the matter to the court and their attorneys can work on a plea agreement. Even the court can appoint one attorney for you if you cannot afford to hire one. You might not face jail term but have to pay up some fines/probation/community services if this is your first crime. It is better to hire a criminal lawyer who could assist you on this. I accidentally hit my wife and she got injures in her face. She thought it was intentional on my part to hit her and called 911. Cops are asking her to make a report and allow them take a picture of the injury. However, now my wife is convinced that I did not do it intentionally and she does not want to press charges against me. What should we do now?
The cops are doing their duty as per law by asking to take the picture of the injury and asking your wife to file a formal complaint against you as she called 911. If everything is okay between both of you and she does not want to press charges against you, she should approach the DA and explain the situation. Your wife would have to write a letter of non-prosecution to the DA. However, the DA can dismiss the case or can go ahead with the case with or without her testimony. If at all the DA continues with the case, she has to testify in the court that you did not hit her intentionally. If an act of domestic violence was caught on video but no one wants to press charges, can the police arrest the perpetrator and press charges on its own?
Yes, the state or the police can arrest the perpetrator by considering the video footage as a piece of evidence and can press charges if the victim prefers to remain silent. The punishment would depend on what evidence the police has against the accused. The court has issued an arrest warrant against me in connection with a domestic violence charge pressed in April 2011. What should I do now?
Since you have been slapped with an arrest warrant, you have to appear in the court. But you can hire an attorney who should try to convince the judge to release you on bond instead of sentencing you with a jail term. If you cannot afford to hire an attorney, you can get assistance at the public defender’s office regarding this. What is the difference between domestic violence charges and disorderly conduct charges?
Disorderly conduct refers to act in a disruptive manner in public including starting fight, playing loud music, screaming or yelling in public places. Whereas, domestic violence refers to the abuse hurled towards one of the family member by one the member of the same household. If you or anyone you know is a victim of domestic violence, it is better to ask a criminal lawyer who could guide you on such issue.
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