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!

State Avg. Fines Avg. Jail Avg. Probation Other
Alabama 1200-2500 6m-2 years 5 years max Alabama Domestic Violence Laws
Alaska 1000 one year Varies by Case Alaska Domestic Violence Laws
Arizona 0-10,000 0-life 1 year Arizona Domestic Violence Laws
Arkansas 1200-2000 4 years suspended 1st offense 5 years max Anger Mangement
Arkansas Domestic Violence Laws
California $1500 - $10000 3 months to 3 years 3 to 5 years California Domestic Violence Laws
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
Colorado Domestic Violence Laws
Connecticut up to $1000 up to a year up to a year depending on the judge may be ordered community service
Connecticut Domestic Violence Laws
Delaware 1500-2500 6-9 months 5 yrs Delaware Domestic Violence Laws
District of Columbia n/a n/a n/a District of Columbia Domestic Violence Laws
Florida $500.00-$15,000.00 60 days-30 years 60 days Domestic Violence,misdemeanors
Florida Domestic Violence Laws
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
Georgia Domestic Violence Laws
Hawaii $150 - $500 48 hours to 1 year up to 1 year Judge may order counseling, mediation and/or community service.
Hawaii Domestic Violence Laws
Idaho 1500-2500 1-4 yrs 5 years Anger Management
Idaho Domestic Violence Laws
Illinois 1200-1500 6M-1Y 6M-1Y Anger Management
Illinois Domestic Violence Laws
Indiana 5000 5 to 10 years 4-7 years Therapy or domestic abuse classes
Indiana Domestic Violence Laws
Iowa 1500-2500 4 -7 years max 5 years max Iowa Domestic Violence Laws
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 Kansas Domestic Violence Laws
Kentucky 250 90 days Varies by Case Kentucky Domestic Violence Laws
Louisiana not more than five hundred dollars not more than six months as set forth in Code of Criminal Procedure Article 895 Louisiana Domestic Violence Laws
Maine 1500-2500 30-180 days suspended 1st offense 5 years max Maine Domestic Violence Laws
Maryland not exceeding $2500 not exceeding 10 years two years Anger Management
Maryland Domestic Violence Laws
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.
Massachusetts Domestic Violence Laws
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 Michigan Domestic Violence Laws
Minnesota 100000 2 years Varies by Case Cancel the green card
Minnesota Domestic Violence Laws
Mississippi up to $500 up to 6 months up to 6 months Judge may order community service and mediation
Mississippi Domestic Violence Laws
Missouri up to $1000 up to 1 year in jail 1 year Missouri Domestic Violence Laws
Montana up to $1000 up to 10 years 1 year Montana Domestic Violence Laws
Nebraska 500 60 days jail Varies by Case Anger management
Nebraska Domestic Violence Laws
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
Nevada Domestic Violence Laws
New Hampshire Varies by Case Incase fo men an average of nine days arrest Varies by Case Warrantless arrest
New Hampshire Domestic Violence Laws
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
New Jersey Domestic Violence Laws
New Mexico 1200-1400 6m-1 year 5 years Anger Management
New Mexico Domestic Violence Laws
New York Up to $240,000 0-20 Years 3 Years Community Service
New York Domestic Violence Laws
North Carolina NA upto 2 Years 1 year community service
North Carolina Domestic Violence Laws
North Dakota up to $2000 up to 1 year up to 1 year community service
North Dakota Domestic Violence Laws
Ohio 250-775 3-9 years 6 Anger mangement
Ohio Domestic Violence Laws
Oklahoma 1200-2000 4 years suspended 1st offense 5 years max Oklahoma Domestic Violence Laws
Oregon up to $2500 up to 60 months up to an additional 60 months classes, community service
Oregon Domestic Violence Laws
Pennsylvania 1500-2000 6 mon-1 year 5 years Anger management
Pennsylvania Domestic Violence Laws
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.
Rhode Island Domestic Violence Laws
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 Carolina Domestic Violence Laws
South Dakota not less than $1000 5 years Varies by Case wo hundred fifty (250) hours of community service, and a fine of $250000
South Dakota Domestic Violence Laws
Tennessee Varies by Case Varies Widely by Case Varies by Case charged as either a felony or a misdemeanor, Anger management class
Tennessee Domestic Violence Laws
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.
Texas Domestic Violence Laws
Utah 1200-2500 30-180 days suspended 1st offense 3-6 years Utah Domestic Violence Laws
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 Vermont Domestic Violence Laws
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
Virginia Domestic Violence Laws
Washington 1200-1500 6m-3 years 5 years CA and inmate worker program
Washington Domestic Violence Laws
West Virginia up to $2000 up to one year Varies by Case West Virginia Domestic Violence Laws
Wisconsin 10000 10 years 2 years community service for 1 month
Wisconsin Domestic Violence Laws
Wyoming not more than $750.00 not more than 6 months, As per the violence level, the Probation period may differ Wyoming Domestic Violence Laws

 

This article is provided for informational purposes only. If you need legal advice or representation,
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