Domestic violence misdemeanors occur when a family member threatens or commits violence against another member of the household. Battery and assault are commonly included in domestic violence charges, although other charges may be involved. The definition of misdemeanor violence has recently expanded. For instance, domestic violence includes threats and verbal abuse along with physical contact. Domestic violence laws cover many people who share a household, such as roommates, children, spouses and same-sex relationships.
Domestic Violence Consequences
Misdemeanor, domestic violence offenses are handled seriously by a Domestic Violence Lawyer in Green Bay WI, and they sometimes require aggressive treatment by authorities. Penalties vary by jurisdiction, but may include fines and jail sentences of up to a year. Federal and local laws often impose additional consequences, such as loss of visitation and custody, decreased the ability to find housing and employment, and the loss of the right to own firearms.
When Misdemeanors are Elevated to a Felony
In some areas, a misdemeanor domestic violence charge can be increased to a felony depending on the case’s circumstances. For instance, in an instance involving sexual assault, the case can be treated as a felony. Some jurisdictions impose a “three strikes” rule, where only the first two domestic offenses are treated as misdemeanors. Felony domestic violence charges can bring higher fines and longer prison sentences.
Legal Remedies for Misdemeanor Domestic Violence Victims
Courts generally conduct emergency hearings to determine the need for immediate intervention. During the hearing, a judge will decide whether to issue a TRO, or temporary restraining order. The order may require the defendant to leave the home, and it typically imposes restrictions on contact with the victim and other household members
After the initial hearing, a full hearing will determine the validity of the charges, and a judge will decide whether to impose further remedies. Some of these can include: imposing a permanent restraining order, modification of spousal and child support orders, loss of visitation and child custody, and criminal or civil liability.
Hiring an Attorney for Misdemeanor Domestic Violence Cases
A misdemeanor domestic violence charge is a serious offense. If one is accused of such an offense, they should consider consulting a lawyer with visit us website for legal advice. A Domestic Violence Lawyer in Green Bay WI can advise their client according to state and local law.
