The Legal
Process for Domestic Abuse from Arrest to Sentencing
Stage
Description
Arrest
Upon
investigation of a complaint, if a police officer has
probable cause to believe that a domestic abuse assault
has been committed with bodily injury resulting, the
officer shall arrest the primary aggressor. A
warrant is not required, nor is the consent of the
victim. The arrested individual is then
taken to the local law enforcement agency for booking
and an initial appearance before a magistrate.
Though criminal statute
mandates the arrest of domestic abusers, given probable
cause, the county attorney "sets the tone" for assertive
police handling of domestic abuse cases by insisting
that all officers follow the law by investigating
reports of domestic abuse, and arresting the primary
physical aggressor.
Initial
Appearance
(following
arrest)
During the
initial appearance, a preliminary complaint is filed by
the county attorney, bond is set, a no-contact order
should be issued, a court-ordered attorney may be
arranged, and an arraignment date is set if the charge
is an indictable misdemeanor or felony.
Arraignment
(within
45 days)
During the
arraignment, the defendant and defendant's attorney
receive trail information assembled by the prosecutor,
which includes the final charge. The defendant
must enter a plea at this time, though it can be changed
later. Most defendants enter a plea of not guilty.
Pre-Trial
Conference & Plea Negotiation
(within
30 days)
During the
pre-trial conference, the prosecution and defense
attorneys discuss the plan for the trial-identifying
depositions to be obtained and motions to be filed.
This information, along with the dates for hearings on
motions and for the trial, are inserted in a pre-trial
conference. The defense also may change the plea.
This often occurs during the plea negotiation session.
Hearing/Trial
Most
criminal domestic abuse cases do not go to trial.
Cases where plea negotiation has resulted in a guilty
plea on a reduced charge go to a hearing where the
county attorney presents the agreement between the
prosecution and the defense and the judge makes the
final sentencing decision. The judge usually
accepts the agreement, which lead directly to court
hearings, guilty pleas may be entered at the start of a
trial. This often occurs when it becomes clear
that the victim intends to testify, which occurs about
60-70% of the time. Cases that go to trial are
heard by a judge and (if requested by the defendant's
attorney) a jury. Most trials last one to two
days. Victim testimony is a key element in the
evidence presented by the prosecution, along with the
testimony from the arresting officer and (when
applicable) medical staff who treated the victim's
injuries. Children of the victim are rarely called
upon to testify.
Sentencing
Sentence is
pronounced following a guilty plea or conviction.
Core sentencing options correspond to charging
guidelines laid out in Section 708.2A and 708.2B of the
Iowa Code. Typical charging (and sentencing)
scenarios are described below.
The majority of domestic
abuse cases are charged as simple, serious, or
aggravated misdemeanors. A typical simple
misdemeanor charge would involve a first-time offense
with minor injuries sustained (e.g. slapping and
shoving) and could result in 30 days in jail or a $100
fine. The most common sentencing outcome for such
cases is two days in jail, one year of informal or
"bench" probation along with mandatory participation in
the BEP.
A serious misdemeanor
typically involves a repeat domestic abuse offense which
resulted in no injuries or an offense causing injury
(e.g. cuts, scratches, bruising). This level of
charge could result in a sentence of one year in jail
and/or $5,000 fine. In the absence of an extensive
criminal history, the most common sentencing outcome is
two days in jail, one to two years of formal probations
along with mandatory participation in the BEP.
An aggravated misdemeanor
typically involves a repeat domestic abuse offense,
intent to inflict serious injury (e.g. chocking), or use
of a dangerous weapon. This level of charge could
result in a sentencing which the outcome is two years of
formal probation along with mandatory participation in
the BEP.
Offenders who are
convicted of a serious or aggravated domestic abuse
misdemeanor and who require more intensive containment
than probation, may be sentenced to a residential
facility. Such offenders participate in the BEP
during their confinement and are assigned to probation
upon discharge from the facility.
A third or subsequent
domestic abuse offense, especially one involving injury,
can result in a charge as a Class D felony, which can
carry a sentence of up to five years in prison and/or
$7,500 fine. Such cases do not receive probation
and require the serving of a minimum of one year prior
to release.
Probation Revocation
Hearing
Probation
may be revoked if offenders violate one or more
conditions of their probation or commit a new domestic
abuse or other kind of criminal offense.
Revocation for domestic abuse offenders most commonly
results from repeated failure to attend mandated BEP
classes. The next most common reason for
revocation is a new domestic abuse or other criminal
charge.
Revocation
is determined at a hearing presided over by a judge.
As in a criminal trial evidence is presented by the
prosecution and the defense, but unlike a trial the
prosecution's case only needs to meet a "preponderance
of the evidence" standard for the revocation to be
granted. The rules of evidence generally do not
apply.
Upon determining that the
conditions of probation were violated by an offender,
the judge may decide to impose "contempt of court"
penalties in place of revocation. Such penalties
typically include jail time followed by re-enrollment in
BEP and the continuation of probation.
