Questions about Domestic Violence Act
Is there a time limit on filing a domestic violence report?Usually, the longer you wait to file a domestic violence report will lessen the likelihood that the case will be filed by the state attorney’s office. You should file the report as soon as possible. In some cases, especially with domestic violence, many police departments will hesitate to take a report or make an arrest if a long period of time has passed between the crime and the report. If the victim has no broken bones, stitches, or serious injuries, the suspect will be charged with battery which is a first degree misdemeanor. First degree misdemeanors must usually be filed within one year of the attack. If the assault isn’t reported within the year, the state is likely to dismiss the case due to the statute of limitations. If your injuries are severe or if you were pregnant at the time of the assault, the case can be filed as a felony. In this case, you would have up to four years from the time of the incident to file a report. It is important to remember to file as soon as possible. The longer you wait means that the person who assaulted you may get away with the crime.
Can the police search a home and seize guns if an act of domestic violence has been filed?Usually, when a domestic violence report is made, the police have to investigate. If the person who placed the report tells the police that there are guns in the home, the police can search for and seize the guns due to probable cause. This is especially true if the victim is afraid to return to the home because of the guns being in the home. Your guns will be returned to you once the situation has been settled.
What is the statute of limitation for filing a domestic violence act in California?Usually, the severity of the crime will determine the classification of domestic violence. Under California Law, if the crime is a felony with less than eight years of punishment, the statute of limitations is three years from the date of the assault. If the crime was a felony with more than eight years of punishment, the statute of limitations is usually six years from that date of the assault. If it was a misdemeanor, the statute of limitations would be one year from the time of the incident.
Can emails that state a person has falsely accused someone of a domestic violence be enough to have the charges dropped?Usually, emails that prove a false report has been made and that someone has been falsely accused would be enough to have any charges dropped. Of course, this would be the case if your attorney could enter the emails as evidence. If your attorney was to share the emails with the prosecuting attorney, it is possible that the prosecutor would move to dismiss the case. You should send all emails, letters, text messages etc., to your attorney.
Is domestic violence a felony in Arizona?Domestic violence can be a misdemeanor or a felony. Usually it will depend upon the seriousness of the crime. If the person being charged has had previous convictions or if the crime was against a child, it would result in a felony.
Domestic violence can ruin the lives of those who are affected. Due to the high number of people who are affected by domestic violence, there are laws to protect and assist the victims. Many people are unsure where to turn when dealing with domestic violence and they need legal assistance. If you have questions about domestic violence and the Domestic Violence Act, you can take your questions to Family Lawyers on JustAnswer. The Experts can answer any question related to the Domestic Violence Act in an efficient and knowledgeable manner.