Domestic violence cases can be very unique depending on the circumstances involved, ranging from very serious to very minor. Truthfully, domestic violence can be either a felony or a misdemeanor based on this information. There are some aspects to be met to be able to define the two.
Misdemeanor Domestic Violence
If somebody has committed a misdemeanor domestic violence crime against you, violence has been threatened against you. Domestic violence charged as a misdemeanor can stem from very minor physical abuse to threats of violence and emotional abuse made against you, elders and children, and so many more. However, these crimes can be elevated to a felony charge at any time if the circumstances call for it – such as in cases where assault on a child occurred.
Many misdemeanor domestic violence crimes will end in fines and jail time of up to one year. A defendant may also suffer very serious effects like loss of custody or visitation rights, or lack of an ability to obtain employment and housing.
Felony Domestic Violence
Felony domestic violence involves the most serious acts of violence against another resident of a household. One of the most common examples of this includes assault and battery that occurs between spouses; however, it can also involve rape, sexual assaults, and kidnappings. If it includes aggravating factors such as acts of violence that lead to serious injury or death, violent acts with a deadly weapon, or criminal acts directed toward minors, it will usually be charged as a felony.
Domestic violence felony charges are taken very seriously in the eyes of the law. You may experience heftier fines, incarceration in a state prison for over a year, rehabilitation courses, and long probation periods. If you are a victim of an event that was charged as a felony domestic violence event, you may find relief in a restraining order, civil lawsuit, and custody order.
Call us today if you have been involved in a relationship where domestic abuse was at play. We can help you sort out the details of your case and handle divorce matters accordingly. We are there to listen to you and help you in every single way.
