Dating someone with a misdemeanor
Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.
A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
Battery is one of the most defendable charges in all of criminal law.
Some of the most common defenses include the following: One of the most pervasive myths in all of criminal law is that the prosecution cannot pursue a charge of battery or battery domestic violence without the consent or cooperation of the alleged victim. The alleged victim does not make prosecutorial decisions.
Whether jail is sought will depend on a number of factors, including the prior criminal record of the accused, the status and preferences of the alleged victim, the existence of injuries, the need to seek restitution, the strength of the prosecution’s case, and whether the accused is represented by an attorney.
Debbie Dingell, D-Michigan, and Dan Donovan, R-New York, sponsors argue the move could save lives.
“It’s common sense to keep tools of violence out of their hands.” Entered as H. 3207, the bill expands the definition of misdemeanor crime of domestic violence under federal law to include those in conflict who are dating or living together.
A bipartisan measure was filed in the House on Wednesday with the aim of closing what gun control groups often refer to as the “boyfriend loophole” and “stalker gap.” The Zero Tolerance for Domestic Abusers Act would add abusive former dating partners and stalkers to the list of federal prohibited firearms possessors, barring them from legally buying or owning guns. There are clear warning signs – including a stalking conviction – before somebody commits serious acts of violence against a current or estranged partner,” Donovan said in a statement.
“When I was District Attorney, the crimes that kept me up at night were the ones that could have been prevented.
Convicted stalkers would likewise have their gun rights stripped.