To clarify, the spouse in this situation is not the one charging you with domestic violence, it is a prosecuting agency for a city, township, village, county etc. This prosecutor can use prior incidents against you in two different ways.
One, if you have a prior DV case, against or not against the victim in the current case, the prosecutor is unlikely to offer the 769.4A dismissal program in your case, which means we will need to set the case for trial. It may also make the charge more serious with a prior, which extends the maximum penalties. Two, if you set your case for trial, the prosecutor may file notice of intention to use prior DV incidents at trial, either convictions or cases that were not formally charged against you. A judge decides if these incidents are allowed to be used at trial, but if they are, it's certainly a point of strength for the prosecutor in convincing a jury or judge that the current incident is in fact a crime. Facts about a past incident is likely to assist a prosecutor in convincing a jury or judge that you simply did it again, in a sense a pattern of domestic violence. Comments are closed.
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