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                                                    DOMESTIC VIOLENCE
 

     A first time conviction of domestic violence can result in a prison sentence of 2, 3 or 4 years, or up to one year in the county jail, or a grant of probation, or a fine of no more than $6,000.00, or a fine and imprisonment. If probation is granted, the defendant must: 1) remain on probation for 36 months; 2) abide by the terms of a criminal protective order issued at the time of sentencing that may include residence exclusion or stay-away conditions; 3) complete a 52-week domestic violence program; 4) pay a fee of $500.00 for the cost of domestic violence programs; 5) perform whatever community service is ordered by the court; and 6) pay the victim for any reasonable expenses that resulted from the defendant's conduct. Domestic violence is a "wobbler" which means it can be charged either as a felony or a misdemeanor. Before a complaint is filed, prosecutors can be persuaded to charge a misdemeanor if the relevant facts do not support the more serious charge. Also, judges have the discretion to reduce a felony "wobbler" to a misdemeanor when a felony charge is not warranted by the facts or the history of the defendant. Those same facts may also support taking the case to trial. None of these outcomes is available unless a defendant litigates the allegations in the criminal complaint.

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