Domestic violence is defined as a pattern of assaultive and coercive behaviors, including physical, sexual and psychological attacks. It applies to persons who are or were married, who are or were cohabitating, who have or had a dating relationship, or who have a child in common.
Due to the complex nature of domestic violence it is important for a victim to contact the Domestic Violence Victim Advocate in the Prosecutor's Office as soon as possible. There are numerous questions that the Prosecutor’s Office will need answered before it proceeds. Most often the case is charged as a misdemeanor and will follow the same procedures as a misdemeanor crime.
If the officers find reasonable cause to believe that the crime of domestic violence was committed, they are required to arrest the assailant. After he is arrested, he will be taken into custody and booked. He will be held until the next court session when he will be arraigned. If arraignment is not held within 24 hours, he will be released on interim bond, after being held for 20 hours.
If defendant does not have a prior conviction of an assaultive nature, he will most likely be eligible for a Domestic Violence Deferral. However, just because he is eligible and the Prosecutor offers it to him, it does not mean the defendant will accept the offer. If the defendant does accept the offer, the decision to have it taken under deferral is ultimately up to the Judge. Each specific case needs to meet one of two criteria, in order for the Judge to accept it. The two criteria are:
a) the parties have a child in common,and/or
b) the parties want to reconcile.
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