Understanding the charges you face and their potential consequences is essential when accused of domestic violence. Penalties vary significantly based on the specific offense charged, your criminal history, and aggravating factors present in your case. Domestic violence consequences extend far beyond the courtroom, affecting employment, housing, custody, and fundamental rights.

Levels of Domestic Violence Charges

Domestic violence offenses range from misdemeanors to serious felonies depending on the nature of the alleged conduct and resulting harm. Simple assault or battery involving minor physical contact typically constitutes a misdemeanor, while offenses involving serious bodily injury, use of weapons, or strangulation often rise to felony level.

Aggravating factors increase the severity of charges and potential penalties. Prior domestic violence convictions, presence of children during the incident, violation of protective orders, use of weapons, and severity of injuries all can elevate charges. Prosecutors have discretion in charging decisions and may pursue more serious charges when aggravating circumstances exist.

Criminal Penalties

Misdemeanor domestic violence convictions typically carry penalties including up to one year in jail, fines, mandatory counseling or batterer intervention programs, probation with various conditions, and community service. Even misdemeanor convictions can have lasting impacts on employment and custody matters.

Felony domestic violence convictions result in state prison sentences that can range from a year to decades depending on the specific offense and jurisdiction. Probation may be available in some cases, but often requires extensive conditions including lengthy treatment programs, regular monitoring, and strict compliance with protective orders.

Firearms Restrictions

Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This lifetime prohibition cannot be expunged or removed in most circumstances. For those whose careers involve firearms, including law enforcement, military, and security professionals, this consequence can be career-ending.

The prohibition applies to convictions that involved the use or attempted use of physical force or threatened use of a deadly weapon against a current or former intimate partner. Even convictions decades old trigger the prohibition, making it crucial to understand this consequence before accepting any plea agreement.

Immigration Consequences

Non-citizens face severe immigration consequences from domestic violence convictions. Domestic violence offenses are considered crimes involving moral turpitude and can constitute aggravated felonies or deportable crimes of domestic violence. Conviction can result in deportation, denial of naturalization, and permanent immigration bars that prevent future entry to the United States.

Immigration consequences should be evaluated carefully before accepting any disposition in a domestic violence case. Sometimes alternative charges or dispositions can avoid the most severe immigration effects while still resolving the criminal matter.

Impact on Family Court Proceedings

Domestic violence allegations and convictions significantly affect custody and divorce proceedings. Family courts consider domestic violence when making custody determinations, and some states create presumptions against custody for perpetrators of domestic violence. Protective orders can immediately alter living arrangements and limit contact with children.

Even allegations that don't result in conviction can influence family court outcomes. Coordinating defense strategies across criminal and family proceedings helps avoid unintended consequences in either venue.