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An injunction – also known as a restraining order is, essentially, a court order that prohibits one person from taking certain actions.In the context of divorce and domestic violence, the court can issue orders that prohibit the abusing spouse from taking certain actions against the other ex-spouse or others.In today’s post I will be addressing one of two new crimes created by the law: domestic assault/assault and battery, Mass. The law says that before any criminal defendant is released, discharged, or admitted to bail, the court must ask the Commonwealth whether domestic abuse is alleged to have occurred prior to or in conjunction with the crime charged. A&B on a Family or Household Member Before delving into how this new crime of domestic assault/assault and battery is different, we must first examine the existing crimes of assault and assault and battery. Penalties One big difference in being charged with domestic assault/assault and battery (instead of simple assault or assault and battery), is the possible penalties involved. The penalty for conviction of this crime also includes a mandatory fee that will be deposited in the Domestic and Sexual Violence Prevention and Victim Assistance Fund and that will be controlled by the Department of Public Health to fund grants for domestic violence prevention programs. Moreover, if the Commonwealth chooses, it can make the accused wait a maximum of 3 hours after the complaint is signed before he/she is arraigned. In addition, as to the 6 hour waiting period for bail, if a person is still in custody by the time he/she is arraigned, his/her lawyer will not be able to argue to the judge when requesting bail that the fact that the client was released by a clerk on bail and showed up for arraignment is proof that the client will show up for trial.A Domestic Violence Misdemeanor occurs when one family member commits or threatens violence against another family member or household member.The crime of domestic violence usually involves the crimes of assault and battery, though it may involve other charges as well.
If this is the case, the Commonwealth must file a written allegation of domestic abuse.Rainey and the woman fell to the ground, and then Rainey chased the woman and grabbed her bag to retrieve his cellphone, the release said. The release said neither Rainey nor the woman suffered visible injuries.Police charged Rainey, a former standout at the University of Florida, with simple battery (dating violence), a first-degree misdemeanor, and he was booked into the Alachua County Jail.The loss of gun ownership privileges is also applied to persons who have been issued a restraining order under domestic abuse laws.It is a crime to give sell guns or firearms to persons who have been convicted of a domestic violence misdemeanor.