Page 28 - 2011 Guide to Family Violence Laws

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23
could be ordered to spend time in
jail, or receive a suspended jail
sentence (see Glossary, page 58).
The
judge may include a
requirement that he participate in
certain programs, such as a drug or
alcohol treatment program or
program for people who commit
family violence crimes. When a
person is convicted of certain violent
crimes, the court can issue a
“Standing Criminal Protective
Order.” The Standing Criminal
Protective Order will be in effect for
as long as the judge orders it to be.
Ask the Family Violence Victim
Advocate for more information about
sentences.
What happens if he violates
probation?
If your partner’s probation officer is
aware that you partner violated a
specific condition of the probation,
or committed a crime while out on
probation, the probation officer can
ask the judge to bring him back into
court. The judge can order him to
serve time in jail instead of
probation. At a court hearing, the
judge will decide whether or not he
has violated probation, and what, if
any, changes will be made to the
conditions.
Ask the Family Violence Victim
Advocate for more information about
violations of probation.
If he goes to jail, how long will
he be there?
At sentencing, the judge will say
how long the jail sentence is. This
amount of time will be reduced
by: 1) the amount of time already
spent in jail while waiting for trial
(if any); plus 2) "good time credit",
which are days off the jail time as
a reward for being on good
behavior in jail. The defendant
may also be released early to go
into a halfway house or work
program. As a victim of a crime
you have a right to know when he
will be released from prison. For
more information call the Office of
Victim Services with the Judicial
Branch at 1-800-822-8428 or the
Victim Services Unit at the
Department of Corrections at 1-
888-869-7057.
My partner is an immigrant. If
he is convicted will he be
deported?
It depends on many factors. An
immigrant who is convicted of a
crime may be deported depending
on the type of crime and the
length of the prison sentence. If
you or your partner have
questions it is very important to
consult with an attorney who is
knowledgeable about immigration
and criminal law.