Domestic violence is a serious offense with serious legal, personal, and social consequences. Laws regarding domestic violence may vary in jurisdictions but usually have severe penalties such as imprisonment, fines, and long-term reputational harm upon conviction.
Knowledge of such penalties is valuable for individuals accused of such offenses.
The following are some of the punishments for being convicted of domestic violence.
Criminal Penalties
One of the most obvious and severe consequences of being convicted of domestic violence is the criminal sentencing imposed upon them by the court. They can range from misdemeanor charges with comparatively brief prison terms to a felony charge.
Misdemeanor convictions for domestic violence have jail time of several days up to one year. In some cases, a judge may also impose probation but with strict conditions such as mandatory counseling, community service, and no-contact orders.
That said, given the serious legal consequences, hiring a domestic violence lawyer can be important in building a strong defense and reducing penalties.
Probation and Court-Ordered Programs
For offenders sentenced to probation instead of imprisonment, there are strict regulations. Usually, attendance at domestic violence intervention programs, also known as batterer’s intervention programs, is regularly mandated by judges.
These programs are for offenders learning about the effects of domestic violence and learning about resolving disputes in non-violent ways.
Failure to attend such programs has the effect of probation violation and subsequent legal consequences of imprisonment.
Protective and Restraining Orders
A domestic violence conviction typically mandates the imposition of protection or restraining orders. These are judicial orders that prohibit the convicted offender from contacting or coming near the victim.
A violation of the order may subject the offender to additional criminal charges and penalties such as arrest and imprisonment.
Likewise, the restraining order bars the person from going home, meeting their children, or being with their family members.
In most cases, a judge can issue long-term or permanent restraining orders, which can directly affect the convicted individual’s personal and professional life.
Loss of Firearm Rights
A conviction for domestic violence typically results in the loss of the right to have or keep firearms. Federal law through the Lautenberg Amendment prohibits those convicted of domestic violence from owning firearms as well as purchasing them. It is usually permanent and offers no restoration.
In the case of individuals who make their living using firearms, such as police officers and armed services members, a conviction for domestic violence may be career-ending.
Even for misdemeanor offenders, one can lose their firearms and may not be eligible for employment in careers where they are armed.
Conclusion
A domestic violence conviction has serious ramifications that extend far beyond the courthouse doors. Anything from jail time and fines to losing one’s right to be a parent, employment problems, and immigration problems can be life-altering as a direct consequence of the conviction.
An understanding of such penalties also makes clear the requirement of legal representation for defendants of such offenses and demonstrates the social and individual extent of domestic violence.
For convicted offenders, rehabilitation and reintegration are not usually easy to accomplish with work required to rebuild their professional and personal relationships and restore trust.
