Domestic Violence is a Crime (Ask Ray Rice)
A generation or so ago, law enforcement officers (police or deputies) rarely intervened in a domestic dispute. If a spouse, generally the wife, was hit, yelled at, or threatened, the police deemed it best to let the couple or parents and children work out their differences. Then, they thought that private matters should stay private. Not so now.
Today, a call to the police by a spouse, child, other family member, friend or neighbor will result in the police or deputies responding quickly: they come inside the home or apartment. They routinely intervene in any domestic dispute and do far more than ask the parties to the fight to “be nice and make up.” Often, one or both of the arguing or fighting parties will be arrested, hauled to jail, and must raise money to post a bond. A judge will issue a restraining order that requires the couple to stay away from, have no contact with, and not talk or communicate with the other. If there is contact or communication – without court approval, the parties may face contempt and jail time. If a party slapped with a domestic violence restraining order comes near the “victim,” she or he may call the police. They usually come quickly; that brief encounter may result in another arrest, more hearings and even harsher consequences.
Often, the State will file criminal charges against one of the individuals involved, emphasis on criminal charges. The abused spouse often files a separate civil case against the other spouse. Thus, one incident may trigger or lead to numerous court appearances, hearings, and legal headaches.
At times, if married the parties will head to divorce court and or if they have children and are unmarried, another court will decide custody disputes and all the while, other courts hear and decide the domestic violence related charges.
The court hearings in public air the parties’ private fights, arguments and disputes. These hearing take place in a charged atmosphere where the parties’ emotions, relationship, and history come to bear. Regardless of the outcome, significant consequences result. The parties’ children, family or friends may be subpoenaed to testify, which causes additional issues, result in even more pressures, and may damage or destroy other relationships.
If a citizen or non-citizen is convicted or pleads guilty to certain domestic violence charges, he may be required to attend anger management classes or other classes (at his or her expense) costs and cannot carry or use a firearm. A finding of guilt may also be used to enhance a sentence (increase the jail time) for some crime down the road. For the non-citizen, depending on the facts, it can be even more devastating: it may lead to removal or deportation.
Today, domestic violence is a crime that society and police take seriously. It does not matter if a person is a star NFL player (ask Ray Rice) or a prominent elected leader is the violator. Domestic violence laws carry sharp teeth.
Be forewarned.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.