They are told that the restraining order does not guarantee protection and, therefore, a workable safety plan is imperative. There is a mandatory two-day jail term for abuse convictions with a maximum of one year in jail, depending upon the facts and circumstances. However, if the sentence equals the time the defendant has been incarcerated, he is released. All defendants on probation are supervised by a probation officer. If a defendant violates the terms of probation, the probation officer can ask the prosecutor to request the court to revoke the defendant's probation status and impose a new sentence.
Plea bargains are primarily the province of the prosecutor.
The court does not automatically accept a plea bargain even when all attorneys agree. However, if the victim does not appear at trial and the case is likely to be dismissed, a plea bargain may be the prosecutor's only option rather than having the case dismissed. The Judiciary regards the reduction of domestic violence as a priority and is committed to fairly and promptly addressing this serious problem. Your March 15 editorial scolded the Legislature and particularly the Senate for wasting time over the same-gender marriage issue. All of these have found significant discrimination in civil law and therefore in civil rights between heterosexual couples who can marry if they wish and same-gender couples who cannot marry, regardless.