How Long A Person Is Kept In Jail For Domestic Violence (And Why)?

Exact Answer: At least 24 hours

Domestic violence falls under the gambit of serious offenses and is often recognized as a criminal act by many legislatures around the world. It is defined as an act of cruelty conducted by the husband or his family members on the married woman. Many law courts around the world recognize different sub-categories of violence under this broad definition.

Physical abuse, as well as mental torture, are included in this definition of domestic violence. Any act perpetrated by the in-laws or the husband of a married woman that is intended to cause grave injury to her can also fall under the domestic violence umbrella. Once reported, the government takes charge of the case filed in most such instances.

How Long Can A Person Be In Jail For Domestic Violence?

Acts identified as falling under the broad umbrella of domestic violence can have serious repercussions for the accused. The norms and laws pertaining to the sensitive issue of domestic violence are different in different countries. However, there exist certain overarching similarities between different nations.

In the case of India, the USA, and the UK, the accused has to be arraigned within 24 hours of his arrest. This implies that the individual must be kept in a jail cell for at least 24 hours. Thus, each accused individual must remain imprisoned for at least 24 hours before the case is filed or dismissed by a judge or magistrate.

It is important to note that each of the 50 states in the US has its own regulations vis-à-vis the process of filing and persecuting a domestic violence charge. However, this 24-hour regulation remains constant for all.

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In the case of India and the UK, if the domestic violence charge is filed against the accused and the case goes to trial, the person can remain imprisoned for up to 3 years. He has to serve this sentence as a penalty for committing the offense. This may be accompanied by a monetary fine as well.

In most countries around the world, a domestic violence charge is a non-bailable offense. This implies that once the charge is filed, the accused has to be processed and presented before a magistrate or judge. There can be no bail hearings for such an accused. His fate rests on the decision of the judge at the arraignment hearing.

In Summary:

Stage  Imprisonment Time for Domestic Violence
Before the Arraignment HearingAt least 24 hours
After the Guilt is EstablishedUp to 3 years

Why Does A Person Remain Imprisoned For So Long?

The nature of the crime is deemed very serious when the legal establishment is dealing with domestic violence charges. In most nations, it has been made a bail-free offense to impose the severity of the crime on the people as well as deter them from committing such offenses.

The universal human rights statutes make it mandatory for an individual to be arraigned within 24 hours of their arrest. After the arraignment hearing, the presiding judge decides whether the case can be viably prosecuted. In many domestic violence cases, imprisonment may not take place as the stated penalty for the accused.

Most often, the guilty individual is given put under a probationary watch. This period is mandated for those found guilty of the crime. Similarly, they may be sentenced to counselling and therapy sessions instead of being sent to prison.

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However, in cases where the evidence is staggering, the judge can imprison the guilty individual. This may also happen in the case of repeat offenders. Most domestic violence perpetrators will remain in jail for up to 3 years to serve a rightful sentence for their committed offenses.

This time period is stipulated to help the accused reform himself completely. The goal is to provide restorative justice, to help the individual forgo these violent tendencies. Sometimes the imprisonment time can also be truncated by the judge if the prisoner is a model inmate in the jail cell. In such instances, a domestic violence perpetrator can be released from prison before the completion of the stated sentence time.

Conclusion

Law courts try to effectively persecute those accused of perpetrating domestic violence. In contemporary times, the severity of the laws pertaining to the issue has been enhanced. The goal is to create a society without the evils of domestic violence.

Generally, the accused remains in a jail cell for at least 24 hours before he is presented before a magistrate. In the event of the case going to trial and the accused is proven guilty, this time frame of imprisonment is further increased to up to 3 years. In most countries, the process and details of imprisonment may be different but the basic guidelines of operation are based on these common statutes.

References

  1. https://connect.springerpub.com/content/sgrvv/16/1/91.abstract
  2. https://jamanetwork.com/journals/jama/article-abstract/388829