Monday, August 12, 2019

Common Domestic Violence Questions

Every day, Dan answers calls from people facing allegations of Domestic Violence. Many ask these same questions:
“What is Domestic Violence? What must be proven?”
“Is Domestic Violence a misdemeanor, or felony?”
“How do I prove my innocence if I didn’t commit this offense”
“Will I go to jail/prison if I’m guilty of Domestic Violence?”
“If my spouse wants the charges dismissed, will the whole criminal charge simply go away?”
Domestic Violence charges are brought by the State, City or Township Prosecutor—not by the individual complainant/alleged victim. Charges range from a 93-day maximum misdemeanor offense to a 4-year maximum felony offense. What typically explains the wide difference in charges? Two factors: Degree of Injury and Prior Domestic Violence conviction(s) (if applicable).
Unfortunately, these charges are occasionally imposed by a disgruntled lover or angry spouse aiming to get advantage in a divorce/custody fight. Likewise, people are often arrested for Domestic Violence when in reality the complainant/alleged victim does not want or request prosecution.

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