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CRIMINAL DOMESTIC VIOLENCE - CDV - STATE CRIMINAL PRACTICE:
The offense of criminal domestic violence or domestic violence is an allegation
of assault or assault and battery between family members or people who live
together. Laws were passed to allow police officers to enter dwellings
without consent and without a warrant. Additionally police are directed to
determine at the scene who is the primary aggressor and that person, based on
the police officer's investigation or belief or sometimes hunch, is the person
who is taken to jail and charged with domestic violence.
In all cases, a condition of bond is that the person charged is prohibited from
having contact with the victim of the offense. Since the offense is by
definition between family members or people who cohabitate, this creates an
emotional and often a financial strain because to obey the bond conditions
requires the people involved to live apart, often for months, while the
case is pending.
At times there have been policies stating that criminal domestic violence cases
could not be dismissed, but since many people who are charged are not guilty and
since many "victims" do not wish to prosecute charges are dismissed by
prosecutors depending on the circumstances of the different cases.
Additionally, if handled properly, bond conditions can sometimes be modified to
eliminate the "no contact with the victim" conditions.
A conviction for CDV or criminal domestic violence prohibits a person under
federal law from possessing a firearm, either a handgun or rifle or shotgun.
Also, if one has a conviction for CDV and is charged a second time the charge is
upgraded to a second offense which carries enhanced penalties.
If you have been arrested and charged with domestic violence you should consult
a lawyer by calling our office. You have certain legal rights which we can
explain to you. Attorney Greg McCollum has handled and tried domestic
violence cases for twenty five years. Back in the early and mid 1990's he
prosecuted domestic violence case for the district attorneys office and since
then has defended those accused of domestic violence. He has won jury
verdicts of not guilty and has had many cases dismissed outright.
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