Can You Go To Prison Because Of Domestic Violence?

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You will get convicted when the accused takes the case to trial only if there is some form of evidence found. However, there is the likelihood of innocence if there is no evidence against you.

Are you a victim of domestic violence or have you been involved in an abusive relationship? Even if the abuse is not physical, your abuse could entail gaslighting, psychological stress, and more. Sometimes what we experience in a toxic relationship can cause trauma or Complex Post Traumatic Stress Disorder (CPTSD).

What Are the Signs of Domestic Violence?

Many of you out there probably think it won’t happen to you by never allowing anyone to control or engage you in abusive behavior. Of course, you are right. No one would knowingly give into an abusive relationship.

Many survivors of domestic violence swear to themselves they have broken free from that web of despair. Now that they have a glimpse of the signs of an abusive relationship and potential violence, opting never to fall into another abusive relationship again only to find the cycle repeating itself with the next partner.

The problem is these relationships often begin as incredibly intense, charismatic, attentive, committed, and passionate love affairs. However, some warning signs exist, but they are not easy to recognize or accept.

Here are some of the signs of domestic violence that an abuser can inflict on the victim:

Physical Abuse

It results in physical injury, pain, or impairment to the victim. Be convinced if you notice the victim’s differing explanations for the cause of injuries, avoidance of certain people, frequent or suspicious hospitalization, and delays when seeking medical care. Signs of physical injuries include:

If the victim makes a specific complaint about mistreatment.
Unexplained injuries like dislocations, fractures, and bleedings.
Sudden change in the victim’s behavior.
Sudden loss of weight, teeth, or air.

Sexual Abuse

It is a non-consensual sexual contact of any kind. It includes rape, molestation, and also sexual contact with a person who is unable to consent. Both women and men might be victims of sexual abuse.

Other vulnerable targets are children and people who are physical and have cognitive disabilities. Victims who lack social assistance, support, or are isolated. here are some signs of sexual abuse include:

Particular complaints from the victim.
There are reports of genital or anal irritation, pain, bleeding, difficulty when sitting and walking.
Observe torn, stained, or bloody underclothes and sexually transmitted diseases.
There are behavioral changes such as unusual changes in sleep patterns and aggressive sexual behavior.

Emotional and Psychological Abuse

Emotional abuse is what the abuser inflicts on the victim causing mental pain, anguish, or distress. The abuser can inflict emotional abuse through threats, verbal abuse, assaults, or insults. This type of domestic abuse also includes humiliation, intimidation, and harassment. It renders the victim isolated from their families, friends, and regular activities.

What are the signs of emotional abuse?

Specific complaint from the victim.
Significant weight loss or gain.
There are signs of depression, confusion, agitation, and withdrawal.
Pay close attention to unexplained physical signs such as rashes, hives, facial tics, stomach aches, or elevated blood pressure.

Narcissistic Abuse

Most people are not sure whether or not they are suffering from this abuse. Mental abuse and the confusion that goes with abuse can have a lot to do with this. Here are signs of narcissistic abuse:

Your relationship is not kind, sane, or caring.
Dealing with immature behavior and giving up pieces of yourself to comply.
You are behaving in ways you usually don’t.
Your boundaries are being disintegrated and often criticized.

Economical or Financial Abuse

When we talk about abuse, we often speak about the physical and emotional parts. However, they can also occur on a financial level. A financial abuser can be a spouse, child, neighbor, or partner. Here are some of the signs of financial abuse:

Keeping your partner in the dark.
If a partner oversees an allowance.
One partner controls and dictates how to spend money.
Stealing money from your partner.

Other signs of domestic violence an abuser can inflict on a victim include Social Abuse, Verbal Abuse, and Spiritual Abuse. If you observe any signs developing in a progressive pattern, you should get concerned and take precautions. Trust your instincts if something doesn’t sound or feel right and do what’s best to keep yourself safe.

How Long Do You Go to Prison for Domestic Abuse?

Domestic violence is a serious charge. When you are convicted or if you are to be convicted of any crime of domestic violence, there is a standard sentence that the court will impose on you. It would be either some period of jail, whether it be short or long, in an unsuspended portion while you are on a period of probation for two years.

For instance, you might get in a minor case, 48 hours of jail, and you have a suspended sentence of 180 days. If you don’t follow what you are supposed to do on probation for two years, you could be back behind bars for 180 days.

Can I Go to Jail for a First-Time Felony Domestic Violence?

If it is a first-time domestic violence felony, the court will certainly charge it as a misdemeanor, unlike offenders with a history of domestic violence. A first-time domestic offender is associated with a lower fine, reduced sentences, and parole or probation. However, if the situation at hand is very antagonizing, there is a chance the first-time offender might face one year in jail.

For the first-time offender, sentencing depends on the rules of the state and the charges the offender is facing. The suspect will have to pay a fine of up to $5,000. However, there is a possibility the convict will pay the fine and serve prison time. The court will investigate any repeated misdemeanors from the first-time charged offender. If there is a recurrence of the offenses, the court will take drastic measures to protect the accused from future domestic abuse.

What Happens When You Finish Your Felony Probation?

If your probation period is over, you must understand that your domestic violence records remain in the court of law records. The court does not erase the records simply because the offender served their time. You also have to meet with your attorney after probation to determine if you are eligible.

How Can You Help Prepare a Domestic Violence Defense With Your Attorney?

Work with your attorney by providing additional details about your domestic violence to help in conducive negotiations. That may help develop strategies that may lead to prosecutors dismissing or reducing charges against you.

Some of these details include:

The domestic violence history of the offender.
Any earlier false allegations the complainant made.
The complainant’s psychological state.
Evidence whether the complainant is a drug or alcohol abuser.
Any other relevant details that may help explain the domestic violence between you and the complainant.

How to Get Domestic Violence Charges Dismissed

What can improve your chances of getting your domestic violence charges dismissed or reduced? Domestic violence charges can get dismissed by the court under three common characteristics:

The partners involved in the domestic violence case want to reconcile their relationship.
The victim does not want to prosecute but is willing to talk to the prosecutor and end the case’s prosecution.
The offender is devoted to long-term training and behavioral modification.

Domestic violence cases that share these three characteristics have the best chance of being reduced or dismissed by the prosecutor. Your ultimate success will depend on many factors that you need to discuss with your criminal offense attorney.

Dropping the domestic violence charges by the complainant is not a guarantee. But the prosecutor still has the discretion to continue the prosecution regardless of the complainant’s desires.

However, domestic violence cases sharing these features give your attorney leverage when discussing your case with the prosecutor. This gives you the best chance for a satisfactory outcome.

What Are Some of the Domestic Violence Risk Factors?

Some of these cases are more dangerous than others. When attorneys meet these people, they have to do a risk assessment by using scientific-based evidence to observe whether somebody is at severe risk of domestic violence against their partner.

There are various risks factors we observe that determine this, including:

Stalking behavior
Drug and alcohol abuse by the partner
Partner unemployment and other financial stressors
Violence towards children, especially if the child is not partner’s
Partner controlling most of your daily activities
Abuse during pregnancy
History of physical abuse of the partner
Threats, use, or access to of a weapon
Increase severity of jealousy, possessiveness, and strangulations.

How Do You File Complaint Against a Domestic Violence Case?

It is quite challenging to report a domestic violence abuser as the events typically happen behind doors. However, if you are experiencing this kind of trauma, you can make a difference by making a complaint to the local authorities. The first place you can make a complaint is to contact the local police department and speak to an officer.

You can also reach the SOS domestic violence at 1-800-363-9010 or visit their website here. They provide excellent 24/7 bilingual help and support to the victim.

Suppose you need urgent help from the abuser, dialing 9-1-1 will help.

Here are some of the steps the police department will follow before inflicting charges to the abuser:

After making a complaint, the police will investigate the nature of the crime and the people involved and make a report.
The police will then decide whether to press charges against the abuser, detain, or release the suspect under certain conditions until they appear on trial.
Suppose the police detain the offender. There will be a bail hearing within 24 hours of being detained. If the suspect is released on bail, the court will impose conditions that will take into effect to protect you from further violence.
The prosecution will decide whether the abuser will face charges, and this process can take time from days, weeks, to even months.
If the victim withdraws the complaint, the abused may still face court charges. The decision of whether the court will continue imposing charges or not depends on the prosecutor. If you don’t want to proceed with the charges against the abuser, the prosecutor will get convinced if you are not threatened or pressured by the abuser.

Conclusion

Domestic violence is a public crime issue that cuts across all socioeconomic, educational & income levels, religions, and racial boundaries. Statistics show that one in four women and about one in seven men will be assaulted by an intimate partner at some point in their lives. Domestic abuse happens only in intimate, long-term, and interdependent relationships.

Domestic violence is the power and control an abuser has over the victim in relationships, families, or workplaces. It includes violent behavior, threats, coercive control, verbal abuse, and emotional abuse. These domestic violence cases happen in families, the last place we would want or expect to find violence.

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