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Domestic Violence News and information relating to domestic violence in general. Please post here if you don't see a sub-forums that fits better.

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Old 10-24-2017, 07:18 PM
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Default DV assault charge involving non intimate relationship

My boyfriend is currently serving 90 days on a probation violation. His charge is drug related for this sentence but was picked up because he got in a fight with his father on the probation warrant. I had looked for his charge last month and couldn’t find it so I thought maybe it was dismissed. I found it today and he is scheduled for a “release review” on 11/06/17. The charges are from the state and no name for plaintiff (court website says unknown victim). Ive been trying to find out as much as I can about this process but I’m a newbie and really overwhelmed and emotional. I told him today that I found it and he hasn’t heard anything about it since he was arrested on 9/11. Everything I find online is about male-female domestic violence with a significant other. I’m unsure what I should expect. Looks like the max is 6 months jail or min probation. Is anyone familiar with this type of DV case? Or when will he get a public defender? Should I call the one who just did his other case? They’re two different courts, if that makes a difference.
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Old 10-24-2017, 08:24 PM
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He won't get a PD unless he qualifies for one.

Dv comes in all shapes and sizes. Yes, there is an overemphasis on males beating up intimate partner females as that tends to be the most lethal. Roommates can move away from each other. Female on male violence suffers from prejudice, as does child on parent. Sibling violence tends to be even more overlooked, especially when the siblings are the same gender. If you dig, you can find some information about these forms of dv.

If his father is geriatric, there's a much greater chance that the case will be prosecuted and there are sentencing enhancements for elder abuse in most states. But, there's a good chance that the pv was considered enough, and an order of protection was issued and that will be considered enough. Dunno. Depends on the jurisdiction - the more rural, the less apt they are to be prosecuted. The more metropolitan, the more likely they are to be prosecuted. The more there's history, the more likely it will be prosecuted.

They have plenty of time to charge him with the crime.
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Old 10-24-2017, 08:25 PM
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AZ domestic violence law does include family:

Quote:
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
https://www.azleg.gov/FormatDocument...13&DocType=ARS
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Old 10-24-2017, 09:00 PM
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I didn’t even think of this as another violation ��, I haven’t thought about it much really, since I thought it was dismissed. I do know that there isn’t an order of protection, they have faught since he was a minor. I suppose I’ll get more detail from his dad. This really sucks, especially since his other charge is an undesignated. His po should already know about this charge right? He hasn’t said anything if he does.
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Old 10-24-2017, 10:43 PM
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His PO will know about the arrest (contact with law enforcement) and the reason for the arrest (criminal conduct, engaging in criminal activity). All are actionable by the parole board. Further, since the standard of proof for a parole violation is lower than the standard of proof for a crime, prosecutors frequently take it before the parole board if there is a sufficient amount of time left on the person's sentence to satisfy them.
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Old 10-24-2017, 10:54 PM
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He was actually arrested 10 days before the completion of his probation and then sentenced to an additional 6 weeks of probation to be served in jail. He really made such a bad decision that day. What will be, will be 😔
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Old 10-24-2017, 11:00 PM
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If this is probation and not parole is it different? Referring to the parole board, that is. His class 6 is still undesignated since his probation wasn’t revoked, which I read AZ is only one of a few states to have that type of designation. This seems more complicated then rocket science, literally.
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Old 10-25-2017, 05:32 AM
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Both probation and parole are forms of post prison supervision, where a PO has inordinate power over every facet of your life. Parole is usually a trade off, early release from prison that you pay for by being subjected to PO supervision. Probation usually has all of the negatives of parole (although it is often overseen by a different office/PO) without the early release.

For virtually every US federal prison sentence you serve your entire prison sentence, and then you get to serve years (up to lifetime) of "supervised release" too.
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