Domestic violence, one of the heinous acts and nuisance, should not be taken lightly or ignored at any cost.
Anyone who does this must be punished and given equal punishment as all other violent acts.
But for that, it is high time that we stop discriminating and justifying it for irrational reasons and make sure it is catered lawfully and rightly in every country across the world.
Now, our direct question includes whether you can go to prison for domestic violence or not? There are specific rules and bills passed by every government which can vary from one country to another.
The court makes sure to look at all the critical factors before proceeding with the case further and notices the extent of harm done to the victim.
Severe felony domestic violence has different laws and consequences.
How Does it Work? Prison for Domestic Violence
Whenever you report an offender to the helpline service or police, the arrest is made initially to prevent further mishaps.
- After the arrest, the offender is booked in jail.
- The arraignment process occurs after this.
- The court decides the charges against the accused before entering the plea of guilty or not guilty.
- The court of law then sets the date of further proceedings.
- The process continues to decide if the suspect is guilty or released after looking into every official aspect.
Domestic Violence Victims
Now, before we get into the details, it is essential to note that under what circumstances can the law charge a person exhibiting domestic violence. If a person commits violence against:
- Their spouse (or any intimate relationship).
- Former spouse or partners.
- Children, parents, or the elderly of the house.
- Any family member who is related by blood.
- If the offender has had any past relationship with any person (friend/ partner).
Any relationship that an offender has or had an affiliation with at some point in their lives is considered to be a victim of domestic violence, if it happens at all.
Several Forms of Domestic Violence
To make the designation of laws louder and more apparent, it is vital to categorize the multiple types or degree of domestic violence that lie under this barbaric act and deserves to be punished at its fullest.
Some of the forms of domestic violence include:
- Physical assault
- Emotional assault
- Reproductive assault
- Verbal assault
- Economic assault
- Religious assault
Although these categories are generic by some means, they cover a wide range of violence kinds.
If an offender causes a physical injury to the victim, uses a deadly weapon, threatens to kill the targeted person, abuses them sexually without consent, limiting the channels of communication for the victim, every such act is domestic violence without question.
What is The Jail Time for An Offender Causing Domestic Violence?
The jail for the offender can vary depending upon the time they performed domestic violence for.
They are usually referred to as the first-time offender, second-time offender, third time, or a subsequent offender.
The minimum jail time devised for first, second, and third-time offenders is 10, 15, and 20 days respectively.
However, the maximum time varies from one to five years and more. The mandatory minimum is mentioned above, and the maximum varies consequently.
To sum up, let us list below the offender types and charges associated with them because of domestic violence they caused.
Class A misdemeanor:
These assaults usually drive the offenders up to jail for one entire year. Additionally, you have to pay a fine of $1000.
First Degree Domestic Assault:
Harmful and serious injury directed to be done physically is a domestic assault charge in the first degree. In addition, if someone tries to kill the domestic victim also lies under the same rule and punishment.
Second Degree Domestic Assault:
If someone uses a weapon or any harmful instruments to harm the victim or lead them to death is a domestic assault in the second degree. If the offender does that, and the victim gets serious injuries, the offender is convicted for 10 to 30 years or even for a lifetime behind bars.
Note!
The first-time offense usually lies under the category of a misdemeanor unless it is very damaging or aggravating. The offender is given a time of one year in jail in most of these circumstances.
Please keep in mind that these rules and the sentence time can vary from one state to another, depending upon how they compartmentalize the degrees of domestic violence.
Can the Prison Time be Reduced?
All the laws across the country provide adequate punishment time to the offenders; the jail time can be reduced if the person performs genuine remorse, or in case of prison effects, and other characters of the offense.
This reduced prison sentence is only done if the court reassures that the victim is not likely to harm and further cause offense to the concerned people.
The Bottom Line
Domestic violence is a severe nuisance act and should be examined in detail.
The charges against the offenders can vary in different states depending on the crime committed and the degree of domestic violence carried out.
The mandatory minimum period around is the same.
On the contrary, the maximum prison time can vary. You can always surf for different online helplines and organizations working against domestic violence to get your case or complaint registered.
