What is a typical sentence for domestic violence against a household member?
Prison is more like it. Jail is just a place to hold them. I hope you are pursuing charges. In my state what would happen is: He would be arrested and placed in jail. Charges would be pressed by the victim. A case worker or the Prosecutor's Office would be in touch with you, should you want to press charges. They will be on your side. Look out for you and things...get you to a shelter, help file RO's etc. Should you decline to press charges the State can pick them up. For a man to hit a woman in the face five times...you must have some substantial injuries. Your case worker or Prosecutor should have already let you know how to get medical care without any cost to you. You're a victim. This isn't a push and shove silly argument. You said he punched you five times in the face. This is serious. Very serious. If you plan to go back to him then fine. Bail will be set sooner or later and you can pick his dumb *** up. If it were ME. He'd be sitting in jail and then prison for punching me in the face.
Can men file case against his wife for domestic violence?
A2A.Not under the Protection of Women from Domestic Violence Act.This legislation forms the basic domestic abuse law in India. Unfortunately, there is nothing to save men here. Check out the definition of Aggrieved Person. Read the Act here ~ The Protection of Women from Domestic Violence Act, 2005What an abused man can do is file a case for Judicial Separation / Divorce on the ground of Cruelty, i.e., Section 13(1)(ia) of the Hindu Marriage Act. Sorry, I am just taking the major population in count here, i.e., the Hindu, Sikhs, Buddhists and Jains.You can read the section in the Hindu Marriage Act here ~ The Hindu Marriage Act, 1955The leading case law where the husband obtained divorce on grounds of mental and physical cruelty is ~ CASE BRIEF: NARAYAN GANESH DASTANE V. SUCHETA NARAYAN DASTANE, 1975 AIR 1534 - JURISEDGE‘Cruelty’ means when your spouse treats you in such a way that it becomes difficult for you to live with them anymore. It could be through physical beatings, mental torture, constant nagging, throwing things, locking the husband in the house, roaming around without clothes, instigating the child to hit the father’s privates, abusing the husband in front of his work colleagues, etc.Yes, all of the above has happened for real with people and we have discussed all these cases at the Family Law class at law school.
Is it possible to charge a false domestic violence case against a husband?
In India, the woman who files the false case will in most probability go away scot free in the judicial system, unless the man is willing to waste another decade or more of his life trying to convict the woman for perjury in court ( which apart from murder cases really doesn't have sufficient punishment vis a vis the crimes the woman might accuse a man of). PWDVA (Protection of Women from Domestic Violence Act) is a really strange law in India, apart from being gender biased (only a woman can file the complaint...that too if a mother-in-law wishes to file a complaint against her daughter-in-law under this act...tough luck. Apparently, Indian law doesn't consider elderly mother-in-laws as befitting of benefiting from women biased laws), it practically seems to be made for wives to blackmail hubby's/in-laws for money. Strangeness of this law is, that it is a civil law which follows the criminal procedure code and makes the respondent liable for criminal punishment in case the court's orders are not followed.
If someone is assaulted and the victim does not press charges, can the assaulter still get into legal trouble?
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
What's the penalty for a 2nd offense OVAUC?
A few hours ago I was cited for OVAUC (Operating a Vehicle After Underage Consumption) which is typically an M4 offense a.k.a. a Misdemeanor of the 4th degree. I am 19 and blew a .022% BAC (the legal limit for someone under 21 is .02%.) The problem is I was convicted of the same charge a year and a half ago in March of 2007, I blew a .06% that time. To make matters worse I was just recently convicted of Underage Possession of Alcohol in May of 2008. (Ironically this charge is an M1 or Misdemeanor of the 1st degree, legally: a more serious offense) First, does anyone out there see any possibility of my charge being dropped or reduced due to my extremely low BAC? Should I hire an attorney or try to negotiate with the prosecutor myself? Should I just plead guilty? (As a college student, my financial situation is rather sticky, not to mention I wouldn't have any help in regard to transportation, plus my mom is in a nursing home and my family as a whole has troubles of its own) Finally, does anyone have an insight as to what my penalties will be if convicted? I am aware of the maximum and minimum penalties that are allowed by law, I am looking for an educated guess/estimation given my personal predicament. What would a judge give someone with my past record, yet who only blew a .022% (barely over). Please keep in mind that both my previous conviction and the charge I currently face are both OVAUC (an M4 offense, and supposedly an M3 for the second offense) Though they are similar, they are not identical to OVI's or DUI's, the penalties are not as severe.
What are penalties for weapon possession without FOID in Illinois?
The type of weapon or ammo has no impact. What does is if he has had an FOID taken away in the past or if he was also ineligible and couple of other things. 90% of the time it is just an added charge and if found guilty on both te sentence is concurrent with the domestic battery sentence. A copy of the sentencing guidelines in below. Read carefully to see what counts in his case and what does not. 430 ILCS 65/14 Sec. 14. Sentence. (a) A violation of paragraph (1) of subsection (a) of Section 2, when the person's Firearm Owner's Identification Card is expired but the person is not otherwise disqualified from renewing the card, is a Class A misdemeanor. (b) Except as provided in subsection (a) with respect to an expired card, a violation of paragraph (1) of subsection (a) of Section 2 is a Class A misdemeanor when the person does not possess a currently valid Firearm Owner's Identification Card, but is otherwise eligible under this Act. A second or subsequent violation is a Class 4 felony. (c) A violation of paragraph (1) of subsection (a) of Section 2 is a Class 3 felony when: (1) the person's Firearm Owner's Identification Card is revoked or subject to revocation under Section 8; or (2) the person's Firearm Owner's Identification Card is expired and not otherwise eligible for renewal under this Act; or (3) the person does not possess a currently valid Firearm Owner's Identification Card, and the person is not otherwise eligible under this Act. (d) A violation of subsection (a) of Section 3 is a Class 4 felony. A third or subsequent conviction is a Class 1 felony. (d‑5) Any person who knowingly enters false information on an application for a Firearm Owner's Identification Card, who knowingly gives a false answer to any question on the application, or who knowingly submits false evidence in connection with an application is guilty of a Class 2 felony. (e) Except as provided by Section 6.1 of this Act, any other violation of this Act is a Class A misdemeanor.
What are the chances of a first time felony offender going to jail?
It is going to depend on a number of things: the type of crime, the way in which the crime was committed, the circumstances of the crime, and the offender's past criminal history. Let's say you broke into someone's home and stole over $250 worth of their belongings (that makes it a felony). If you did it because a bully said he would hurt your mother if you didn't get him the stuff is a more compelling reason than if you did it to get money to buy more video games for yourself and some good weed. If this was your 3rd time getting caught doing this type of thing, that ups your chances at serving time. If you broke into someone's home and found there were some kids in it with a babysitter and you terrorized everyone, that's not going to go well in court. So you see your intentions and your actions, along with your past criminal history, will be the deciding factor on whether the judge sees jail in your future. You get points on a sentencing sheet for all these different things. Rack up so many points and it's off to the slammer for you. A sentence of under a year is served in the county jail. A sentence of over a year is served in a state prison. Generally. Every state has their own rules, but that's the way it usually goes. Some crimes have a jail sentence no matter what. Gun laws in Massachusetts for example have an automatic, no getting out of it, jail sentence if the crime was committed with a gun. First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don't have to serve the jail time as long as you do your probation and pay the fines. If you screw up, you will be put in jail to serve the original sentence.
How much jail time for battery/domestic abuse?
Florida - YOU CAN'T DROP IT! Under Florida Statutes, a judge may impose : up to $1000 fine and up to 1 year in jail or both Once you file the report, the state picks it up and its up to the prosecutor whether the case goes forward. People like you frustrate police officers and the court system and waste the time of both.. You want the violence to stop but you remain with an abuser and don't want him prosecuted. This is your wake up call!