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Domestic Violence Laws

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Domestic violence or domestic crimes can include any type of abuse, neglect or violence between two or more individuals that have an intimate relationship or that live in the same residence. Although often considered only physical violence between a man and a woman, married or in a relationship, it can actually include all members of the family or roommates, either current or past. Domestic violence can include physical assault, harassment, reckless endangerment, stalking, child abuse and interfering with the attempt of the victim to contact emergency services. Being accused and/or charged with aggravated domestic battery is a serious offense and should not be taken lightly.

Domestic Violence Penalties

Depending on the state as well as the severity of the incidence the domestic violence charges can range from a protective order being issued to a jail sentence.  Typically the number of prior offenses and any history of domestic violence or violent crimes will impact on penalties.

Possible Penalties

  1. Court ordered anger management or Batterer’s Intervention Programs
  2. Community service hours
  3. Fines
  4. Jail Time
  5. Restraining or Protective Order for the victim which can limit or prevent contact with children

Domestic Violence Sentencing

In sentencing those found guilty of domestic violence the judge will consider all the factors including if this is an ongoing pattern of behavior or an isolated incident. In cases where children have been involved or where there was serious injury to the victim the sentencing will be more involved and is likely to include jail time plus counseling or domestic violence intervention training programs as part of the sentence. Since the victim cannot drop charges, it is important to have legal representation as soon as possible after the arrest.

Hire An Attorney For Domestic Violence Charges

An attorney can work with the judge and the district attorney to attempt to have the charges dropped if the initial complaint was false. An attorney can also ensure that people charged with domestic violence have the option to testify in court and to have their side of the story heard. In most areas the victim will be represented with an attorney, either court appointed or through a domestic violence advocacy or legal group, so getting legal representation is essential.

An attorney can also work to ensure that contact with other family members, especially children, can occur if there is no risk to the children. Without this representation some parents may find they have no access or only very limited supervised access, even if the kids were not directly involved in the incident.

Domestic Violence: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabama1200-25006m-2 years 5 years max Not Available
Alaska1000one year Varies by CaseNot Available
Arizona0-10,0000-life1 yeardepends on nature of case
Arkansas1200-20004 years suspended 1st offense 5 years maxAnger Mangement
California$1500 - $100003 months to 3 years3 to 5 yearsNot Available
Colorado$50-750 Up to 6 months Varies by Casedomestic violence classes and restraining orders prohibiting or limiting your contact with your loved ones
Connecticutup to $1000up to a yearup to a yeardepending on the judge may be ordered community service
Delaware1500-25006-9 months5 yrsNot Available
Florida$500.00-$15,000.0060 days-30 years60 daysDomestic Violence,misdemeanors
Georgia0-$5,0000-50 years0-5 yearsCould be ordered to leave house, provide alimony payment to spouse or family, lose custody of kids
Hawaii$150 - $50048 hours to 1 yearup to 1 yearJudge may order counseling, mediation and/or community service.
Idaho1500-25001-4 yrs5 yearsAnger Mangement
Illinois1200-15006M-1Y6M-1YAngermMangement
Indiana50005 to 10 years4-7 yearsTherapy or demestic abuse classes
Iowa1500-25004 -7 years max5 years max Not Available
Kansas(1st offense)$200 to $500(2nd)$500 to $1000 (3rd/felony)1000 to 2500$(1st offense)Up to 6 Months in Jail (2nd or 3rd)Up to 1 Year in JailVaries by CaseNot Available
Kentucky25090 daysVaries by CaseNot Available
Louisiananot more than five hundred dollarsnot more than six monthsas set forth in Code of Criminal Procedure Article 895Not Available
Maine1500-250030-180 days suspended 1st offense 5 years max Not Available
Marylandnot exceeding $2500not exceeding 10 yearstwo yearsAnger Mangment
Massachusettsup to $1000 up to 5 yearsup to 2 years and 6 monthsJudge may issue restraining order, counseling, community service, and/or restitution.
Michigan1st Conviction - $500 fine 2nd Conviction - $1,000 3rd Conviction - $2,5001st Conviction - 93 days 2nd Conviction - 1 Year 3rd Conviction - 2 Yearsno probationNot Available
Minnesota1000002 yearsVaries by Casecancek the green card
Mississippiup to $500up to 6 monthsup to 6 monthsJudge may order community service and mediation
Missouriup to $1000up to 1 year in jail1 yearNot Available
Montanaup to $1000up to 10 years1 yearNot Available
Nebraska50060 days jailVaries by CaseAnger mangement
Nevada$200-$10002 days - 6 monthsVaries by Caseperform no less than 48 hours and no more than 120 hours of community service
New HampshireVaries by CaseIncase fo men an average of nine days arrestVaries by CaseWarrantless arrest
New Jerseypay a civil penalty of at least $50, but not to exceed $500. 2-4 yearsfor 2 yearsAssault ,Battery ,Rape or sexual assault ,Stalking ,Attempted murder or murder,Property damage or vandalism
New Mexico1200-14006m-1 year5 yearsAnger Mangement
New YorkUp to $240,0000-20 Years3 YearsCommunity Service
North CarolinaNAupto 2 Years1 yearcommunity service
North Dakotaup to $2000up to 1 yearup to 1 yearcommunity service
Ohio250-7753-9 years 6Anger mangement
Oklahoma1200-20004 years suspended 1st offense 5 years max Not Available
Oregonup to $2500up to 60 monthsup to an additional 60 monthsclasses, community service
Pennsylvania1500-20006 mon-1 year5 yearsAnger mangement
Rhode IslandVaries by Caseminimum of 10 days in jail, and a maximum of up to 1 year.Varies by Caseanger management, community service.
South Carolinafor a first offense, not less than $1,000 dollars nor more than $2,500 dollars. For a second offense, not less than $2,500 nor more than $5,000 dollars. 1st offense: 30 days. 2nd offense: 3 days - 1 year. 3rd offense - 1 year but not more than 5 yearsprobation conditioned upon: 1. the offender completing, to the satisfaction of the court, a program designed to treat batterers. 2. fulfillment of all obligations arising under court order. 3. other terms and conditions of probation as the court may determine necessary.batterer treatment program offered through government agency, nonprofit organization, or private provider approved by Department of Social Services. Possibly substance abuse counseling if a history is found.
South Dakotanot less than $1000 5 years Varies by Casewo hundred fifty (250) hours of community service, and a fine of $250000
TennesseeVaries by CaseVaries Widely by CaseVaries by Casecharged as either a felony or a misdemeanor, Anger management class
Texasup to $4000 for 1st; more for 2nd1st conviction up to 1 year; 2nd 2-10 yearsNo specific length noted.judge can require that you seek counseling within 60 days of beginning probation.
Utah1200-250030-180 days suspended 1st offense 3-6 years Not Available
VermontUp to $5000>>>>>>2nd degree aggravated Felony, Up to $10,000(1st degree)Up to 25000$Up to 1 Year in Prison(2nd degree agg,Felony)Up to 5yrs.(1st degree agg Felony)Up to 15 yrsVaries by CaseNot Available
Virginia0-$2500by statute, up to 12 months, Class 1 misdemeanorprobation range is to be determined by the solely by the judge. probation time can exceed the max range of punishment for jail time3 or more convictions in a 10 yr period can enhance subsequent offense to a Class 6 Felony with up to 5 years prison time
Washington1200-15006m-3 years5 yearsCA and inmate worker program
West Virginiaup to $2000up to one yearVaries by CaseNot Available
Wisconsin1000010 years2 yearscommunity service for 1 month
Wyomingnot more than $750.00 not more than 6 months,As per the violence level, the Probation period may differNot Available

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