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Domestic Violence and Failure to Obey Directions of a Police Officer

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  • 05-19-2011, 09:51 PM
    Puddinpop
    Domestic Violence and Failure to Obey Directions of a Police Officer
    My question involves criminal law for the state of: Alabama

    The question that I have is can a person be charged with domestic violence if their spouse or significant other didn't file a complaint and what is the punishment for failure to obey directions of a police officer?

    The reason for my question is because my boyfriend and I got into an argument so I called the police to make him leave my home, but shortly before the police arrived he broke the window out of my front door and let himself in. When the police arrived they came into my house with the gun drawn and my boyfriend ran because he thought the officer was going to shoot him. I did not sign a warrant on him I just simply wanted them to make him leave. When the police looked at me he saw that I two scratches on me and he took it upon himself to file charges because I was 6 months pregnant at the time. He plead guilty to the failure to obey charge and not guilty to domestic violence. Is he facing jail time on either of these charges.
  • 05-19-2011, 10:14 PM
    aardvarc
    Re: Domestic Violence/Failure to Obey Directions of a Police Officer
    Quote:

    Quoting Puddinpop
    View Post
    My question involves criminal law for the state of: Alabama

    The question that I have is can a person be charged with domestic violence if their spouse or significant other didn't file a complaint

    Absolutely. Police can act upon ANY type of notification that a crime has occurred, including things that they witness, such as injuries and the state can prosecute. Dead people don't file complaints when they get murdered, yet, killers get arrested and prosecuted. It's only television that has mis-led the public into believing that the victim has control or is needed for the state to pursue criminal charges.

    Quote:

    and what is the punishment for failure to obey directions of a police officer?
    Depends on what exact charge gets filed. Almost all are misdemeanors (things like obstruction, failure to obey, etc.). Misdemeanors carry a MAX sentence of up to a year in jail, but few actually receive the MAX punishment.

    Quote:

    The reason for my question is because my boyfriend and I got into an argument so I called the police to make him leave my home, but shortly before the police arrived he broke the window out of my front door and let himself in.
    So he committed a burglary to an occupied dwelling. Since you were in a relationship with him, the domestic violence element comes into play.


    Quote:

    When the police arrived they came into my house with the gun drawn and my boyfriend ran because he thought the officer was going to shoot him. I did not sign a warrant on him I just simply wanted them to make him leave.
    Up until the time he committed a crime, that's probably what could have happened. Once he crossed the line to committing a crime, it didn't matter that you only wanted him to leave.


    Quote:

    When the police looked at me he saw that I two scratches on me and he took it upon himself to file charges because I was 6 months pregnant at the time.
    Absolutely. Injury to you means that a battery occurred. That you were pregnant means that there were TWO victims, and the charges automatically became more serious (because domestic violence is a HUGE problem in prenatal deaths). The police don't need your permission (and can't GET the permission of your unborn child) to pursue a criminal charge that they have evidence of.

    Quote:

    He plead guilty to the failure to obey charge and not guilty to domestic violence. Is he facing jail time on either of these charges.
    Sure he is. Whether or not he'll SEE jail time depends on the outcome of the criminal case on the DV charge. If he's found guilty of DV in the 1st or 2nd degrees, he's looking at a year or more in state prison. DV in the 3rd degree, which would be a misdemeanor, is realisitically off the table due to you being pregnant.
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