Albert Haynesworth arrested on domestic violence charge

#29
#29
Specifically what is false? Explain the Violence component in Criminal Trespass (destruction of property under $500) -a Domestic Violence charge. Explain how a 'mandatory arrest policy' on a Domestic Violence would not result in false charges if the woman was falsely accusing. Explain how a claim of 'fear in a complainant woman' (good enough for a restraining order or DV charge) requires any actual violence.
 
#30
#30
Rickyvol77 said:
This is false
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Specifically what is false? Explain the Violence component in Criminal Trespass (destruction of property under $500) -a Domestic Violence charge. Explain how a 'mandatory arrest policy' on a Domestic Violence would not result in false charges if the woman was falsely accusing. Explain how a claim of 'fear in a complainant woman' (good enough for a restraining order or DV charge) requires any actual violence.
 
#33
#33
Old Geezer said:
I am highly suspicious of arrests for 'Domestic Violence' these days. The laws and police actions have been severely corrupted by the Violence Against Women's Act. He may have yelled at her for doing something despicable. Domestic Violence no longer requires actual violence or injury or even real evidence. Just a woman making claims or a demand to arrest based upon false accusations.
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Highly suspicious of guy with a history of domestic violence and other anger issues. Come on man. You gotta be better than that.
 
#37
#37
Old Geezer said:
I'm glad Florida (or your county in Florida) got it right. This Violence Against Women's Act incentivizes states and districts to enact mandatory arrest policies, non-drop (charges) policies, and very low thresholds for what constitutes violence. One fellow I know of personally in Georgia (Atlanta) was arrested because his live-in girlfriend said he put her head through a wall in his own home. She didn't have any injury and the only hole in the wall was obviously made by a hammer, not a persons head. Admittedly, he wasn't the brightest fellow, but spent two years in jail awaiting trial terrified because they said he "might spend twenty years" if he was found guilty. He was so shaken up by the whole racket, that afraid to assert his right to a speedy trial. Meanwhile she lived in his home with her new boyfriend.
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Man, that sucks for your friend bro. We're zero tolerence in this state too and I dont want to second guess another deputies actions because I wasnt there, but most of the time you can tell when the woman is honestly scared for her safety and when she's being a "you know what." 99% of the time when they're being that way, a good LEO will continue questioning looking for inconsistencies and/or tell them that they are about to fill out a statement and sign it at the risk of perjury. When you explain that if they are caught lying that they can be charged later on they immediately change their tune. Sadly, I havent had this happen a whole lot. Most of the time its women who are trapped in these situations and dont get out or follow through with the courts and they wind up really hurt later on or even killed. And yes, not being able to evict someone from your own house while she's with her new man would drive me up a wall..........forget that mess.
 
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#38
#38
Old Geezer said:
Specifically what is false? Explain the Violence component in Criminal Trespass (destruction of property under $500) -a Domestic Violence charge. Explain how a 'mandatory arrest policy' on a Domestic Violence would not result in false charges if the woman was falsely accusing. Explain how a claim of 'fear in a complainant woman' (good enough for a restraining order or DV charge) requires any actual violence.
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Criminal Trespassing and Vandalism are separate charges from Domestic Assault in the TCA code.

It is state law that if an alleged domestic violence incident occurs, the officer is only mandated to arrest IF there is probable cause that a crime occurred and if there is a primary aggressor.
If there is not a primary aggressor and the officer believes both parties are equally responsible, the officer has the judgment to determine to arrest either or none of the parties.

Accusations are just that, there has to be some probable cause for arrest.

Orders of Protection are different, anyone can go and file those against anyone (domestic or not) and a judge has the right to apply them until a hearing is held.
 
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#41
#41
TNbuc2 said:
Confederate Railroad would approve.
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I was thinking about that song as I typed it out. That's why I said more than a little on the trashy side. Everybody appreciates a girl just a little on the trashy side. Those guys had a lot of good songs.
 
#45
#45
Rickyvol77 said:
Criminal Trespassing and Vandalism are separate charges from Domestic Assault in the TCA code.

It is state law that if an alleged domestic violence incident occurs, the officer is only mandated to arrest IF there is probable cause that a crime occurred and if there is a primary aggressor.
If there is not a primary aggressor and the officer believes both parties are equally responsible, the officer has the judgment to determine to arrest either or none of the parties.

Accusations are just that, there has to be some probable cause for arrest.

Orders of Protection are different, anyone can go and file those against anyone (domestic or not) and a judge has the right to apply them until a hearing is held.
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Criminal Trespass / property damage less than $500 is a Domestic Violence charge in Georgia. It is state law that is being heavily corrupted to comply with Federal guidelines in order to receive Federal funding via Violence against Womens Act. These states / jurisdictions receive massive Federal funding for extra prosecutors, Judges, police, DV women's shelters, etc for compliance with Federal guidelines. These include mandatory arrest on DV calls and no-drop policies on arrests. Officers are under heavy pressure to arrest the accused and Prosecutors cannot drop charges without risking loss of funding. Actual 'Probable cause' was once required. Of course, there SHOULD BE probable cause for arrest - not just accusations or a verbal altercation. That's precisely the point. The rules are being inverted on their head in the name of stopping Violence Against Women. Now, police are incentivized to manufacture 'probable cause' in order to justify mandatory arrest. It's become a racket where only the lawyers and state agencies win big. Everyone else loses. Many men are being destroyed and stripped of their Constitutional protections. It doesn't change because no politicians will dare stand up against the 'Violence Against Women Act?'
Perhaps Albert did some real violence. I don't know. However, I do know that the DV system has been so badly perverted by VAWA, I am highly dubious of any DV charges without accompanying physical violence evidence.
 
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