Criminal lawyer domestic violence

The prosecution policy of the Public Prosecutor's Office in cases of domestic violence is written out in the Directive on criminal procedure for domestic violence and the Instructions on domestic violence and child abuse.

The prosecution understands "domestic violence" to mean violence committed in the private sphere. The term 'domestic' then does not focus on the location, but on the relationship between perpetrator and victim. Domestic violence can therefore take place in places other than indoors (see the Instructions on domestic violence and child abuse).

The basic principle in cases of domestic violence is that summonses are issued. This means that the Public Prosecutor's Office will not quickly dismiss the case with a dismissal or punishment order. A second principle is that the violence must stop. Safety in the family system or household is paramount. Therefore, the Public Prosecutor's Office will try as much as possible, through a suspended sentence with special conditions, to ensure that the underlying problems are also worked on - think of addiction care, aggression problems or mediation. There should be - according to the prosecutor's office - "guidance toward supervision by the probation service, combined with attendance at a training course, recognized behavioral intervention or outpatient treatment or counseling." (see the Guidelines for Criminal Procedure on Domestic Violence).

The Directive on Criminal Procedure for Domestic Violence from the Public Prosecutor's Office gives a good indication of what punishment may follow upon conviction for domestic violence. The guideline distinguishes by severity of injury, how the violence occurred (whether or not a weapon/object was used), and whether there is recidivism. The penalties described thus range from partially suspended community service for a first offender for simple assault without injury to a prison sentence of up to six months for attempted aggravated assault for a repeat offender who also uses an object.

Two caveats are appropriate here. First, the Guideline for Criminal Procedure for Domestic Violence describes the policy of the Public Prosecutor's Office and thus gives a good indication of the punishment demanded by the Public Prosecutor's Office. Whether the judge follows that requirement is a second matter.

Second, domestic violence cases often require customization. Depending on the circumstances of the case, the prosecutor's requirement may also be either higher or lower than as defined in the guideline.

In domestic violence cases, the assistant district attorney or the mayor may impose a 10-day temporary restraining order. This can be extended to a maximum of four weeks. During this period, the goal is to get help for both the perpetrator, the victim and any children. The perpetrator of the domestic violence may also not contact the partner or children during this period. If the perpetrator does not comply with the temporary restraining order, he risks imprisonment for up to two years.