What is Domestic Violence?
One is guilty of domestic violence when an abuse or violence is toward a victim who is related to the aggressor as defined by law. In addition, domestic violence laws in Alabama inhibits physical violence between a parent and a child, a husband and a wife, current or former household members, and couples who are or were in a dating or engagement relationship.
What are Protective Orders?
A victim may seek help from a court. A protective order requires an aggressor to keep oneself from being with the victim and communicating with him or her. This order also covers civil restraining orders and conditions given to the defendant’s bail. Anyone who violates this order is guilty of the following:
1. class A misdemeanor;
2. a second conviction for violating this order (minimum of 30 days in jail); and
3. third and subsequent convictions require (minimum of 120 days in jail).
What are Domestic Violence Acts?
The following circumstances are charges of domestic violence:
1. first-degree attack or stalking (aggravated);
2. second-degree attack, stalking (not aggravated);
3. third-degree attack, menacing, criminal coercion, criminal surveillance, harassment, reckless endangerment, third-degree criminal trespass, second- or third-degree criminal damages, or third-degree arson; and
4. strangulation or suffocation with the intent to cause physical harm
What are the Criminal Penalties?
Alabama penalizes those convicted of domestic violence according to the degree of the crime:
1. First degree
One who is guilty of a Class A misdemeanor is sentenced a maximum of life or 99 years in prison.
2. Second-degree
Strangulation or suffocation is classified as Class B felony carries up to 20 years in prison.
3. Third degree
Domestic violence in the third degree is a class A misdemeanor which is sentenced up to a year in jail.
4. Violating a protective order
If the accused is subject to a protective order and violates it, in the first- or second-degree, the minimum prison term by law is doubled.
What can the Accused Do?
An aggressor who is charged by the victim under law, he or she may demand for a self-defense. Further, the accused may also question the offense to be without proof, and that they were not in any relationship as the law dictates. Consequently, Alabama criminal defense is available to help the accused in such cases.