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State And Federal Domestic Violence Legislation

963 words - 4 pages

Running Head: Unit 9 Assignment 1

Unit 9 Writing Assignment

Dale Hayes

Kaplan University

CJ333 Family and Domestic Violence: State and Federal Domestic Violence Legislation

Professor Jennifer Hulvat

December 16, 2012

Running Head: Unit 9 Assignment 2

California Penal Code Section 1203.97

This legislation was passed in 1994 which changed the minimum sentencing for people convicted of Domestic Violence and received probation. In California ninety percent of the offenders arrested in 2000 for felony ...view middle of the document...

They cannot be excused more them three time through the duration of the program (California Womens Law Center, 2011).

Running Head: Unit 9 Assignment 3

The offender must also complete community service with the hours to be determined by the judge. They will also be fined in the amount of not less than four hundred dollars. The money will be divided between the state and county domestic violence funds. And last but not least they may be ordered to pay up to five thousand dollars to a battered women’s shelter. Setting these terms for offenders does not mean that somewhere down the line, when they are released from probation that they will not reoffend. These minimum probation terms will only be effective if the county probation officers pay more attention to their domestic violence cases (California Womens Law Center, 2011).
An example of a failure to monitor these offenders was a case in San Francisco California in 2000. A woman was killed by her boyfriend who was active probation, and attending the batterers program. A few weeks prior to him killing her, he attacked her and choked her. He was not incarcerated for the probation violation. He was arrested for being drunk in public, when the police asked who he was; he lied to them and gave them false information. After he was convicted the judge ordered him to community service instead of putting him back in jail for the probation violation. The murder could have been avoided had someone taken the time to check deeper into the background on this individual (California Womens Law Center, 2011).
Federal Legislation: The Violence against Women Act
The reason the federal government created this legislation in 1994 was to allow the state courts to prosecute these crimes more effectively. If an offender violates any of the federal

Running Head: Unit 9 Assignment 4
Statutes covered under the Violence against Women Act they can be...

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