What Happens to First Time Domestic Violence Offenders?
What Happens To First Time Domestic Violence Offenders
When someone is arrested for the first time on domestic violence charges, it can be an extremely stressful and frightening experience. This is especially true for those who are unaccustomed to the criminal justice process or have no prior criminal record.
While the charges you face can have serious consequences, you have to remember that you have options and the right lawyer to help you fight the case. You can have your charges reduced, dismissed, or even dropped altogether if you are prepared to take the necessary steps to protect yourself.
What happens to first time domestic violence offenders
If you are a victim of a domestic violence incident, there are many things that can happen immediately after you call 911. For starters, the police will arrive on the scene and begin gathering evidence of what occurred. They will look for any visible signs of injury or property damage, confiscate any weapons, and ask the alleged victim questions that are designed to determine who was the primary aggressor.
Once the alleged victim has been questioned and the police have had sufficient evidence to support a charge of domestic violence, they will bring you into the police station for booking. At this time, a judge will review the facts and decide whether to set bail. This will depend on your alleged crimes, your criminal history, and the likelihood that you will appear at trial.
The court may also issue an order of protection, a form of legal restriction that limits your ability to communicate with the victim or her family. This can have a wide range of consequences, including the loss of your freedom and home or being prevented from entering a shared residence where the victim lives or lived.
What if I Don’t Want To Press Charges?
If you are the alleged victim, it is common for you to tell the police that you don’t believe that your accused partner did anything wrong. This can be particularly frustrating for the defendant. However, if you do not want to press charges, the prosecutor may still file charges based on information from your statements and other evidence that he or she believes shows a clear pattern of behavior against you.
How Can I Stop This Pattern of Violent Behavior?
A first time domestic violence offender who has been convicted of an assault will likely be required to go through batterer’s counseling before they are allowed to leave the jail. This counseling will help the offender to change their violent behavior and avoid re-offending in the future.
What if I Have Another Felony Charge of Domestic Violence?
If there is a previous assault conviction on your record or if you have been placed on probation for a domestic violence assault, you will be charged with the crime of Assault Bodily Injury – Family Member With Prior. This is a third-degree felony that can carry up to ten years in prison and a $10,000 fine.