What is the average jail sentence for domestic violence?
The jail sentence for domestic violence will depend whether the charge was for a misdemeanor or felony. In Texas, for a Class A misdemeanor charge, the defendant can spend up to 1 year in jail. Felony charges vary depending on whether the charge was a first, second, or third degree felony. Jail time for a first degree felony is 2 to 10 years in prison, whereas with a second degree felony, jail time is 2 to 20 years in prison. An offender with a first degree domestic violence felony charge can receive from 5 to 99 years in prison.
Domestic violence laws and policies, and penalties, will vary from state to state.
Depending on the charges, you may need cash bail to get out of jail, if the judge sets a cash-only bail.
What are the main causes of domestic violence?
There are several causes of domestic violence, but one of its primary causes arises when one partner begins to feel the need to control and dominate the other partner. That need for control may have developed because of low self-esteem or because of an undiagnosed psychological or personality disorder. The person may also have learned such behavior from seeing it in other adults while growing up. The violent behavior could take the form of sexual, emotional, or physical abuse. No matter what has caused a person to turn violent, the abuse itself is not justified by it.
What are the types of domestic violence?
Domestic violence comes in a variety of forms, not always physical in nature. The types of abuse include control, physical, sexual, emotional, isolation, verbal, and economic.
Controlling behaviors are any in which the perpetrator tries to maintain dominance by taking actions like checking odometers, monitoring phone calls or not allowing the victim to use the phone, limiting choices in clothing or hair style, invading privacy, forcing or encouraging dependency, and making threats against children.
Physical abuse includes any hitting, kicking or biting or other physical assaults such as pushing or punching. Physical abuse may also include forcibly blocking exits, hitting walls or doors, forcibly restraining the victim or hold them hostage, or making threats of violence against or assaulting children.
Sexual abuse inlvolves any nonconsensual touching or kissing or sexual intercourse, using coercion or guilt or manipulation, or laughing or making fun of victim’s body or sexuality or insulting the person about their sexuality.
Emotional abuse involves everything from insulting the person and criticising them to undermine their self-confidence, making threats against them, and neglecting or disregarding their wants and needs.
Isolation is a controlling behavior. The victim is not allowed to go where they please or see who they want. Phone calls may be monitored or controlled. They may be isolated from resources that give them support or help.
Verbal abuse can include name calling, coercion or threats, as well as yelling or screaming or rampaging.
Financial abuse controls the victim through money. The abuser may control the family income and put the victim on an allowance, and even have them turn over their paycheck. The perpetrator may hide financial issues or have hidden accounts. They may spend money on nonessential items like drugs or alcohol rather than on necessities.
Can you drop charges in a domestic violence case?
No, domestic violence charges cannot be dropped once the prosecutor’s office has issued the charge. It’s like any offense. Victims do not issue criminal charges, only the state does that. Only the state can decide to move forward with the case or drop the charges.
Can police press charges if victim doesn’t?
If police have probable cause to arrest an alleged offender, they can pursue the person whether the victim wants them to or not. Then it is up the prosecutor to determine whether the case should be pursued or if the charges should be dropped. The prosecutor can even get the victim to testify as a hostile witness.
Domestic violence and arrest
States vary in their response to a domestic violence call. Most states have a preferred arrest policy, which means police are required to arrest one or both parties at the scene or they must write a report to justify why an arrest was not made. Some states have also adopted mandatory arrest policies that require the officer to make an arrest, but the domestic violence situation meets certain criteria.
If you have been arrested and jailed for domestic violence, make sure to contact us at 512.834.2245 for domestic violence arrest bail.
Domestic violence case examples
Domestic violence cases can involve many people and different situations. Some examples below:
- Violence against one spouse or partner: A man or woman who hits or pushes his or her spouse in a fit of violent rage is committing domestic violence.
- Sexual abuse: One partner forcefully tries to have sexual intercourse with the other partner.
- Financial abuse: One partner decides he or she will be in control of all finances, and allows the spouse to have a small allowance.
If you have been charged with domestic violence in Austin, TX and need bail, give our team a call at 512.834.2245.