Does a victim have to press charges against their offender or can the state do it?

Depending on which state the domestic violence occurs in and the circumstances surrounding the incident will determine whether or not it is treated as a criminal offense.  Commonly, domestic violence is duly a crime that comes with criminal penalties while also subject to a civil lawsuit with monetary damages awarded.

Quite frequently, a victim of domestic violence will contact the police, agree to press charges, get back together with their abuser and try to remove the charges. This behavior usually results in the entire sequence being repeated.  In order to stop the cycle, in several local municipalities and states, district and city lawyers are now prosecuting domestic violence offenders without the abused person bringing the charges against them. A criminal case can be filed against the abuser without the victim filing a complaint and even without their help.

State and local municipalities have a responsibility to prosecute any and all crimes against their community. Domestic violence is one such crime. By doing this, the local communities seek to send a message that domestic violence will be prosecuted even without the victim’s assistance.

What specific charges can be brought against those convicted of domestic violence?

• If the abuse results in physical harm, rape or even death, the charge becomes a felony and the abuser can be sent to prison and be required to pay a fine. The seriousness of the crime and the defendant’s prior record will determine the length of time in prison. If convicted of a very severe crime, the defendant can receive life in prison and, if legal in the state where convicted, the death sentence could be imposed.
• A felony conviction also results in losing the right to own any type of firearms.
• Undocumented persons may be deported.
• Doctors, nurses or any other licensed professionals will lose their license with a conviction of felony domestic violence.
• When children enter the equation, the consequences can be even more extreme.

If this is the first time someone is charged with a domestic dispute or violence, they may receive a lesser sentence, this is not always the case. The offender may at this point be charged with a misdemeanor, which can result in a fine and/or a short time in jail. In addition, a treatment program or therapy may be a requirement of their sentence along with probation. However, if the offender was already on probation at the time of the domestic violence, more severe penalties will be issued.

A victim of domestic abuse should always contact authorities as soon as possible. Contact a lawyer experienced in domestic violence. Remember, charges can be filed by district and city attorneys if you are unwilling or hesitant to press charges on your own, and the offender can be prosecuted whether you are involved in the case or not. Domestic violence is said to be the top health concern in the United States today. Victims are not just spouses, but include others living in the home, children, those in intimate relationships, dating, or living together. Get help immediately if you become a victim on domestic violence. If you need answers to any more questions or feel that you are a victim of domestic violence, contact criminal lawyer Bloomington IL trusts.

Thank you to Pioletti & Pioletti Attorneys for providing insight on domestic violence and the charges that can be pressed.