New Haven Domestic Violence Penalties
The consequences associated with domestic violence are severe and include incarceration, fines, and probation. As a result, everyone who is charged needs to take their situation very seriously and contact a New Haven domestic violence lawyer to ensure that their case is handled properly from the very beginning. To learn the specific penalties you may be facing and what steps can be taken, call and schedule a consultation today.
Domestic Violence Consequences
The specific penalties associated with a crime of domestic violence vary, and can range from jail time to probation to simply anger management classes depending on each individual charge. The possible incarceration and maximum penalty will also vary on a case-by-case basis depending on the particular crimes and the associated maximum penalties.
Incarceration is typically the most serious consequence, but there are additional consequences including fines, probation, and treatment (mental health, substance abuse or anger management treatment.) There are also collateral consequences such as the inability to vote if you are convicted of a felony, the loss of various licenses, and an inability to get jobs in the future. So there are a number of consequences.
What Must Be Proven In a Domestic Violence Case
In order to prove a crime of domestic violence, the state would need to prove the underlying allegations, which very often is assault in the third degree. In order to prove assault in the third degree, the state has to prove under Connecticut General Statute 53a-61, Subsection A, Subsection 1 that there was a physical injury. In order to prove that, they would need to show the defendant intended to cause physical injury and the defendant actually caused physical injury.
Much like a recipe with certain ingredients, in a crime such as third degree assault here are a number of specific elements that must be met in order for the state to prove the offense beyond a reasonable doubt. In order to prove a crime which is classified as domestic violence, you would need to look to the underlying crime and the elements associated with that crime.
Impact of a Civil Restraining Order
Very often a civil restraining order goes hand in hand with an arrest. If there is a restraining order in place and an individual violates it, it will lead to a further arrest for violation of a protective order, which is a Class D felony carrying a maximum of 10 years in jail.
The continued violation of a protective order or a restraining order will become very problematic in the eyes of the court, even if there is no physical injury or actual assault. If someone is continually violating one of these orders, it very often becomes much more serious than the underlying case.
It is important that any defendant abide by the protective order or restraining order. They must ensure they understand the orders of the court and take steps to abide by that protective order.