Working with Battered Women: a Handbook for ... - Hot Peach Pages

G. WHAT SENTENCE WILL HE RECEIVE IF FOUND GUILTY?The type of sentence will depend upon the seriousness of the assault and the criminal record ofthe man. The Judge has three types of sentences that he or she may impose. The offender canbe ordered to pay a fine. He can be sent to jail or he can be ordered to sign a probation order,which is a promise to be of good behavior and must be followed. The probation order willhave terms such as refraining from the use of alcohol, seeking alcohol treatment or attending abatterer's treatment program. An obligation to keep the peace and be of good behavior isalways part of a probation order and this necessarily means refraining from the commission offurther crimes such as assault. The Judge may also impose a combination of two of the typesof sentences, such as jail followed by a one-year probation period.H. DOES LAYING CHARGES ENSURE THE WOMAN'S SAFETY?Probably not. Her degree of safety will depend upon whether her partner is arrested and whatkind of order the Judge released him on. Many men who are charged with assaulting theirpartners are required by law to stay away from the woman until a Judge has decided the guiltor innocence of the man. But it must be remembered that a court order is only paper and thepolice can only intervene if they know the order has been broken. If a woman is afraid herpartner will harm her or her children while awaiting his trial, she should be sure to tell thepolice this. If the police are far away or she believes her partner is not likely to live up to acourt order, she should consider taking emergency shelter at a transition or interval house.I. WHAT HAPPENS IF AN ASSAULT IS REPEATED AFTER CHARGES HAVE BEENLAID?Once a man has a criminal record for assaulting his partner, a second conviction will be dealtwith more harshly by the court. A jail term is often imposed.39