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  • Losing gun rights for life for this?

    http://www.expertlaw.com/forums/showthread.php?t=55342

    Ran into this topic on another forum and wonder what people thought, as some here have no problem with the MCDV lifetime gun ban. Seems like the law is a little far reaching here.

    Speaking of which, what is the most petty DV type charge any members have heard of that stuck and resulted in lifetime loss of rights? When I think of domestic violence, I think of a man beating the crap out of his wife/girlfriend, not something so minor like this. Opinions?
    Last edited by bigislander72; 08-04-2008, 02:31 AM.

  • #2
    Men and women get arrested for this every day.
    The early bird may get the worm, but the second mouse gets the cheese.

    Comment


    • #3
      Ansermeplease
      Junior Member Join Date: Jul 2008
      Posts: 1

      Domestic Violence Charge for Slapping Boyfriend

      --------------------------------------------------------------------------------

      Someone i know was brought into jail for slapping her boyfriend during an argument in the car. Someone saw this and called the police. It was an open hand slap, no one was hurt, and the boyfriend did not even want to press charges. The girl was arrested and now is being pressed charges by the state for Misdemeanor domestic violence... what will the punishment be, since they both admitted to her slapping him when they were pulled over.


      Ansermeplease
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      #2 07-30-2008, 05:26 PM
      bigcountrysg
      Senior Member Join Date: Jun 2007
      Posts: 262

      Re: Answer

      --------------------------------------------------------------------------------

      Usually in domestic violence cases. If the victim does not want to press charges. The state will usually press charges against the assaulter.

      I can not predict what will happen in court to here. Bieng it is a misdemeanor, I think alot will depend on if she has any prior criminal record. Just because they admitted to it happening when they were pulled over really does not matter in for the punishment.
      I think it's crazy. We are getting stupid with political correctness. This is an example of how we give more power to the state to make decisions for us, and paying for it through loss of personal responsability and freedom.

      Yeah. it happens. Boyfriend should have just said it never happened. He was "the victim". What will it be like in 20 years???

      Just being BF & GF in a car together wouldn't arrise to domestic violence here.
      § 18.2-57.2. Assault and battery against a family or household member; penalty.

      A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

      B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.

      C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

      D. The definition of "family or household member" in § 16.1-228 applies to this section.
      from § 16.1-228. Definitions.
      ... etc ...
      "Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
      § 19.2-81.3. Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc.
      B. A law-enforcement officer having probable cause to believe that a violation of § 18.2-57.2 or 16.1-253.2 has occurred shall arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of family and household members, (iii) prior complaints of family abuse by the allegedly abusing person involving the family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements, and (vii) other observations.
      Condensed, excerpts, go here to read more.
      Last edited by t150vsuptpr; 08-04-2008, 12:22 PM. Reason: added link to searchable page
      "That's right man, we've got mills here that'll blow that heap of your's right off the road."

      "Beautiful Daughter of the Stars."(it's my home now)

      >>>>> A Time for Choosing <<<<<

      Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

      Comment


      • #4
        I have thought the mandatory arrest law for DV was crazy. I've seen some really stupid stuff that we "must arrest" for. If we have PC you have to go. Our Da's office has been overwhelmed with these kind of cases. At least something happened. I had a woman get mad and throw a vase on the ground. She cracked it more than it already was. she told my partner she was trying to break it because she was mad at her hubby. Yep she got to go to jail........
        Of course it has evened up the playing field. Women are getting charged with DV alot more because the standard is the same.
        Last edited by Monkeybomb; 08-03-2008, 11:01 PM.
        The early bird may get the worm, but the second mouse gets the cheese.

        Comment


        • #5
          Originally posted by Monkeybomb
          I had a woman get mad and throw a vase on the ground. She cracked it more than it already was. she told my partner she was trying to break it because she was mad at her hubby. Yep she got to go to jail........
          Let me make sure I understand. She was angry at hubby, chose not to take it out on him, chose instead to bust the vase ...
          ... and that this somehow fits a domestic violence statute?????

          It's worse than I feared.
          "That's right man, we've got mills here that'll blow that heap of your's right off the road."

          "Beautiful Daughter of the Stars."(it's my home now)

          >>>>> A Time for Choosing <<<<<

          Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

          Comment


          • #6
            Yep, criminal mischief fits under DV laws here. Nice huh. Thats why I'm against the shall arrest portion of our DV laws. Then you have a law enacted that retrocatively strips people of the right to own firearms. Funny thing is DV is not the same in every state. some states it's considered DV if two brothers get in a fight. Here at least there has to be an intimate relationship.
            The early bird may get the worm, but the second mouse gets the cheese.

            Comment


            • #7
              Originally posted by Monkeybomb View Post
              Yep, criminal mischief fits under DV laws here. Nice huh. Thats why I'm against the shall arrest portion of our DV laws. Then you have a law enacted that retrocatively strips people of the right to own firearms. Funny thing is DV is not the same in every state. some states it's considered DV if two brothers get in a fight. Here at least there has to be an intimate relationship.
              And in some states, roomates fighting can be cause for a DV charge as well, correct?

              Did the woman that broke the vase get a qualifying conviction that resulted in lifetime loss of gun rights?

              Comment


              • #8
                Also in the past, DV was a common offense to plea bargain down to, maybe NOTHING that actually qualified happened, but it was offered as a catch all plea.

                Bill
                Just pay your dues, and be quiet :-)

                Comment


                • #9
                  Originally posted by bigislander72 View Post
                  And in some states, roomates fighting can be cause for a DV charge as well, correct?
                  Yeap....

                  In MO it can be siblings, husband/wife, boyfriend/girlfriend, boyfriend/boyfriend, girlfriend/girlfriend, ex-spouses, room mates, etc.....

                  Has to have some sort of relationship established and it doesn't have to be intmate.....

                  Technically, if one of my old college room mates came to visit, and we got into a fistfight.....we could be charged with DV......

                  Comment


                  • #10
                    In MD you don't even have to cohabitate normally. You could be two people who share a hotel room for one night while on vacation. We need 3 things to make an arrest: 1. cohabitation 2. visible sign of injury 3. assault must have occurred within the past 48 hours.

                    Comment


                    • #11
                      Originally posted by Monkeybomb View Post
                      Yep, criminal mischief fits under DV laws here. Nice huh.
                      criminal mischief to you own property? wtf that would make the defendant and victim the same person wouldn't it?

                      Comment


                      • #12
                        Originally posted by Bearcat357 View Post
                        Yeap....

                        In MO it can be siblings, husband/wife, boyfriend/girlfriend, boyfriend/boyfriend, girlfriend/girlfriend, ex-spouses, room mates, etc.....

                        Has to have some sort of relationship established and it doesn't have to be intmate.....

                        Technically, if one of my old college room mates came to visit, and we got into a fistfight.....we could be charged with DV......
                        same here... the nice thing is, it's a great tool to not have to go back to someone's house... he slapped you? he goes to jail, we file Class C Misd. Simple Assault-DV, and the city attorney drops it once the affadavit of non prosecution gets signed by the spouse. He's not required to drop it, but he's lazy, so he does
                        sigpic
                        Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

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                        • #13
                          Wow, from the sounds of it, seems like great tool for the gun-control movement. Especially if laws against being in the presence of a gun if prohibited were strictly enforced as currently on the books. Its true that if prohibited you can't even be in a house where there is one, correct?

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                          • #14
                            Um hate to break in here fellas but You don't lose gun rights for misdemeanors

                            or am I missing something?

                            Comment


                            • #15
                              Originally posted by Bpayne101 View Post
                              Um hate to break in here fellas but You don't lose gun rights for misdemeanors

                              or am I missing something?
                              I wish you were right but sadly yes. If you have a DV conviction it bars firearms ownership. Sadly it doesn't even have to involve a violent act..........................
                              The early bird may get the worm, but the second mouse gets the cheese.

                              Comment

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