Domestic
Violence
Almost
any offense committed by one person in a ‘couple’ against
the other person in the couple is considered a “Domestic Violence”
offense and the penalties are more severe than other offenses. The
most common
Domestic Violence crimes are:
•
Assault
• Harassment (push, shove,
kick)
• Telephone Harrassment
• False imprisonment
• Obstruction of telephone
communications (hanging
up the phone when someone
is calling police)
• Criminal Mischief (damaging
another’s property)
In the past decade or so, most police agencies have implemented policies
requiring that a party alleged to have committed a domestic violence
offense be jailed, usually overnight, and that they not be released
until the appear before a judge for the setting of a bond. A part
of the bond almost always includes a requirement that the alleged
offender not have any contact with the alleged victim. In addition
there can be other restraining orders put in place to deter contact
between the alleged offender and the alleged victim – even if
the alleged victim does not want those orders in place.
In ‘domestic violence’ cases the ‘perpetrator’
is often required to attend ‘domestic violence counseling’
as a condition of any plea bargain or conviction in the case. These
classes occur one night per week, for about two hours each time, for
36 to 52 weeks. Only very specific types of plea bargains or complete
dismissals of the case can avoid this requirement.
It is important to discuss your case early on with an attorney experienced
in handling these very specialized types of cases, such as the lawyers
at Miller & Harrison, LLC