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Domestic Violence Laws
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
- Court ordered anger management or Batterer’s Intervention Programs
- Community service hours
- Fines
- Jail Time
- 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.
- If you have been charged with Domestic Violence, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Domestic Violence: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | 1200-2500 | 6m-2 years | 5 years max | Not Available |
| Alaska | 1000 | one year | Varies by Case | Not Available |
| Arizona | 0-10,000 | 0-life | 1 year | depends on nature of case |
| Arkansas | 1200-2000 | 4 years suspended 1st offense | 5 years max | Anger Mangement |
| California | $1500 - $10000 | 3 months to 3 years | 3 to 5 years | Not Available |
| Colorado | $50-750 | Up to 6 months | Varies by Case | domestic violence classes and restraining orders prohibiting or limiting your contact with your loved ones |
| Connecticut | up to $1000 | up to a year | up to a year | depending on the judge may be ordered community service |
| Delaware | 1500-2500 | 6-9 months | 5 yrs | Not Available |
| Florida | $500.00-$15,000.00 | 60 days-30 years | 60 days | Domestic Violence,misdemeanors |
| Georgia | 0-$5,000 | 0-50 years | 0-5 years | Could be ordered to leave house, provide alimony payment to spouse or family, lose custody of kids |
| Hawaii | $150 - $500 | 48 hours to 1 year | up to 1 year | Judge may order counseling, mediation and/or community service. |
| Idaho | 1500-2500 | 1-4 yrs | 5 years | Anger Mangement |
| Illinois | 1200-1500 | 6M-1Y | 6M-1Y | AngermMangement |
| Indiana | 5000 | 5 to 10 years | 4-7 years | Therapy or demestic abuse classes |
| Iowa | 1500-2500 | 4 -7 years max | 5 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 Jail | Varies by Case | Not Available |
| Kentucky | 250 | 90 days | Varies by Case | Not Available |
| Louisiana | not more than five hundred dollars | not more than six months | as set forth in Code of Criminal Procedure Article 895 | Not Available |
| Maine | 1500-2500 | 30-180 days suspended 1st offense | 5 years max | Not Available |
| Maryland | not exceeding $2500 | not exceeding 10 years | two years | Anger Mangment |
| Massachusetts | up to $1000 | up to 5 years | up to 2 years and 6 months | Judge may issue restraining order, counseling, community service, and/or restitution. |
| Michigan | 1st Conviction - $500 fine 2nd Conviction - $1,000 3rd Conviction - $2,500 | 1st Conviction - 93 days 2nd Conviction - 1 Year 3rd Conviction - 2 Years | no probation | Not Available |
| Minnesota | 100000 | 2 years | Varies by Case | cancek the green card |
| Mississippi | up to $500 | up to 6 months | up to 6 months | Judge may order community service and mediation |
| Missouri | up to $1000 | up to 1 year in jail | 1 year | Not Available |
| Montana | up to $1000 | up to 10 years | 1 year | Not Available |
| Nebraska | 500 | 60 days jail | Varies by Case | Anger mangement |
| Nevada | $200-$1000 | 2 days - 6 months | Varies by Case | perform no less than 48 hours and no more than 120 hours of community service |
| New Hampshire | Varies by Case | Incase fo men an average of nine days arrest | Varies by Case | Warrantless arrest |
| New Jersey | pay a civil penalty of at least $50, but not to exceed $500. | 2-4 years | for 2 years | Assault ,Battery ,Rape or sexual assault ,Stalking ,Attempted murder or murder,Property damage or vandalism |
| New Mexico | 1200-1400 | 6m-1 year | 5 years | Anger Mangement |
| New York | Up to $240,000 | 0-20 Years | 3 Years | Community Service |
| North Carolina | NA | upto 2 Years | 1 year | community service |
| North Dakota | up to $2000 | up to 1 year | up to 1 year | community service |
| Ohio | 250-775 | 3-9 years | 6 | Anger mangement |
| Oklahoma | 1200-2000 | 4 years suspended 1st offense | 5 years max | Not Available |
| Oregon | up to $2500 | up to 60 months | up to an additional 60 months | classes, community service |
| Pennsylvania | 1500-2000 | 6 mon-1 year | 5 years | Anger mangement |
| Rhode Island | Varies by Case | minimum of 10 days in jail, and a maximum of up to 1 year. | Varies by Case | anger management, community service. |
| South Carolina | for 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 years | probation 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 Dakota | not less than $1000 | 5 years | Varies by Case | wo hundred fifty (250) hours of community service, and a fine of $250000 |
| Tennessee | Varies by Case | Varies Widely by Case | Varies by Case | charged as either a felony or a misdemeanor, Anger management class |
| Texas | up to $4000 for 1st; more for 2nd | 1st conviction up to 1 year; 2nd 2-10 years | No specific length noted. | judge can require that you seek counseling within 60 days of beginning probation. |
| Utah | 1200-2500 | 30-180 days suspended 1st offense | 3-6 years | Not Available |
| Vermont | Up 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 yrs | Varies by Case | Not Available |
| Virginia | 0-$2500 | by statute, up to 12 months, Class 1 misdemeanor | probation range is to be determined by the solely by the judge. probation time can exceed the max range of punishment for jail time | 3 or more convictions in a 10 yr period can enhance subsequent offense to a Class 6 Felony with up to 5 years prison time |
| Washington | 1200-1500 | 6m-3 years | 5 years | CA and inmate worker program |
| West Virginia | up to $2000 | up to one year | Varies by Case | Not Available |
| Wisconsin | 10000 | 10 years | 2 years | community service for 1 month |
| Wyoming | not more than $750.00 | not more than 6 months, | As per the violence level, the Probation period may differ | Not Available |
- If you have been charged with Domestic Violence, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Legal Answers
- I acted in self defense against an attacker and am being charged with assault. Is there any Assault Defense law?
- How does the process of being arrested and charged for criminal assault work? My friend was just arrested for assault.
- How does assault defense work when you assault someone in self defense and get charged with assault and battery??
- My son has been wrongly identified for a crime and I am his witness to where he was, do we still need an attorney?
- What is required to sustain criminal charges under Californias anti-gang statutes?
