Prosecution of Rockville Domestic Violence Charges
Domestic violence cases are heard in the same way as assault first and second degree cases. A second degree assault case that is domestic-violence related will usually be heard in the District Court with a bench trial, unless a separate demand for trial by jury is made. For first degree assault cases and domestic violence offenses, they will be heard in the Circuit Court for Montgomery County. Usually a jury will be responsible for determining if the individual is guilty.
This is for first degree assault that is domestic-violence related. In both cases, you need an experienced Rockville domestic violence lawyer who understands the Rockville court systems to help you gain the most desirable outcome in your case.
How Law Enforcement Prosecutes Domestic Violence Charges
In a domestic violence case the prosecutor needs to prove the same things that they would in any other assault case, whether first degree assault or second degree assault. Specifically, that there was an un-consented touching or threat of use of some kind of force, whether it was deadly or non-deadly, against an individual. They must also prove that there was a lack of consent to that touching or to the threats of violence or other threats against the individual.
The final element is what makes it domestic-violence related. They must prove that the act actually took place between people who were in a domestic relationship with each other. Usually this means in a romantic relationship with each other, whether they lived together or not.
Probation for Domestic Violence Charges
Probation is also likely in domestic violence cases. In fact, probation is usually more likely than not in domestic violence cases. In the majority of domestic violence cases the individuals who are involved often decide to reconcile and live together again. Judges recognize that, as do prosecutors, which is why they strongly encourage short periods of probation when people have been found guilty of domestic violence related acts.
They know that unlike in an assault, where two strangers were involved in assaulting each other who may never see each other again, in a domestic violence situation the individuals might see each other again and the same triggers which caused the assault to take place initially might keep the individuals on probation for a period of time.
This actually serves as a type of insurance, because the case can be reopened if the person finds themselves in another violent situation. This usually serves as a comfort to the court system, the State’s Attorney’s office and the victim of the assault.
Implications of Protective Orders in Rockville
Protective orders usually do not have an impact on the assault case. Protective orders are separate civil procedure that can also take place in court. Usually when somebody charges another individual with a domestic violence related act, police officers and the prosecutor’s office will encourage them to seek out a protective order from the court so that they can have an enforceable message asking the individual who they want kept away, to stay away from them. If that individual does have contact with them again while that protective order is in place, they could face additional criminal charges for that violation.