A domestic violence felony is a crime where one family or household member commits a serious act of violence against another resident of the household. Domestic violence laws are applicable to broad range of relationships, not just between spouses. Felony Domestic Violence is one of many serious crimes classed as felonies. Felony domestic violence may occur between persons who are dating, between parents and children, same-sex partners, and other residents of the same household.
Domestic violence felony charges are typically filed as a result of assault and battery between spouses. However, they may also involve other types of crimes such as rape, sexual assaults, or kidnapping.
“Aggravating factors” may convert a misdemeanor charge into a felony, such as when simple assault becomes aggravated assault. A domestic violence incident is generally classified as a felony if it involves the following aggravating factors:
Felony domestic violence is more serious than misdemeanor domestic violence. Misdemeanors are punishable by small monetary fines and/or jail sentences of up to one year maximum.
A domestic violence felony charge can result in the following consequences:
Also, being found guilty could result in a loss of many privileges for the offender, including:
Finally, most domestic violence criminal charges are considered to be misdemeanors, unless they involve serious injury or violence. However, in most states, a third domestic violence misdemeanor charge will often be counted as a felony due to the previous offenses.
There are several remedies and legal protections available for victims of domestic violence felonies. These may include:
If you are facing domestic violence felony charges, you should speak with a criminal lawyer immediately. Your attorney can advise you on how to proceed according to state and federal domestic violence laws.
Or, if you are the victim of a domestic violence felony, you should seek counseling or other attention immediately. You may also wish to consult with a family law attorney to determine what methods of recovery may be available for you. A lawyer may be necessary to help secure protective orders such as a TRO or permanent injunction.
Last Modified: 03-04-2018 11:48 PM PSTLaw Library Disclaimer
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