MAFS - Dave and Ashley - *Sleuthing - Spoilers* - Discussion

Am with you, have to watch to the end, hate leaving things undone, but so over this.

Just to clarify, it doesn't say domestic violence. Unless there is proof of charges titled domestic violence please do not associate that charge with David. TYIA

GuardianAngel wrote:Just to clarify, it doesn't say domestic violence. Unless there is proof of charges titled domestic violence please do not associate that charge with David. TYIA

Do you mean just don't say that's what he was charged with? I haven't seen anyone do that, but it does say that he had to take domestic violence classes as part of his probation, so the logical conclusion is that the incident involved some sort of domestic violence.

Was he charged with domestic violence?

GuardianAngel wrote:Was he charged with domestic violence?

I don't know. I thought we could only see what the plea deal was. Could he have plead down the charges? I wish someone had the full report, but just going by what we do know, he was ordered to take DV classes and DV classes = DV incident, so why he was cast becomes a relevant discussion imo. But, it sounds like you don't want us discussing any part of it- is that correct?

According to the report upthread he was charged with disorderly conduct disturbance and criminal damage. He was not charged with domestic violence, he had to take domestic violence courses. Probably because of those charges, which is very different than domestic violence.

I don't want him accused of domestic violence because we do not have any proof of it. We are assuming just because he took DV classes it's related to DV which IMO it's not, because he wasn't charged with it.

I am being proactive as some conversations may appear to veer towards a charge of DV just because he had to take DV classes.

Discussing why he was cast is absolutely acceptable as are his charges, his classes, payment, non payment etc.

People are never charged with domestic violence because it is not an offense in the criminal code.  They are charged with assault or criminal mischief or some other offense and the fact that the victim was a current or former partner is noted in the particulars of the case.

LynnM wrote:People are never charged with domestic violence because it is not an offense in the criminal code.  They are charged with assault or criminal mischief or some other offense and the fact that the victim was a current or former partner is noted in the particulars of the case.

LynnM! Thanks for the info. Can you clarify the bold. What fact are your referring to? TYIA

David entered a plea of "NOT GUILTY/NOT RESP PLEA". Not guilty/not responsible plea. Then there was a plea deal arranged. Likely to save $ for both the defendant and the state. Also, IMO, likely there was strong evidence to support charges, the state wanted to avoid the time/cost of a trial and agreed to plea deal. It's done frequently. A plea deal involving domestic violence involves reducing the original charge and DV will not show on the record. Such circumstances usually consist of defendants participating in educational DV classes and Psychological Counseling, both of which David did. David's record reflects that he was held in custody for several days. On the day of arraignment he was released. Then a couple months later he entered his plea deal. His plea agreement was received by the court. Restitution with payment plan, Domestic Violence classes were ordered.
On 2/25/2008 NON COMPLIANCE RECIVD by the court. Something he was ordered to do was not done. Later David was issued a judge's written mandate "Order To Show Cause", that he appear in court on a certain date and give reasons, legal and/or factual, (show cause) why a particular order should not be made. This rather stringent method of making a party appear with proof and legal arguments is applied to cases of possible contempt for failure to pay restitution , failure to follow court orders, sanctions for failure to file necessary documents or appear previously, or to persuade the judge he/she should not grant a writ of mandate against a governmental agency.

According to AZ law and plea deals involving property destruction and/or violence in conjunction with a partner, spouse, friend or family member. Domestic Violence, including assault can be tried as a misdemeanor.
This means pleading to a crime with a lesser penalty. Such a defendant's record would likely show either a conviction for assault in the 3rd degree , a misdemeanor, or for harassment, property destruction, disorderly conduct or a petty misdemeanor. The criminal history of these defendants will contain no record of any violation of Domestic Violence, but the charges fall within the legal definition of Domestic Violence.
Here's a link to AZ law regarding Donestic Violence which explains the definition and classifications.
http://apaac.az.gov/images/stories/DV/APAAC%20-DV.pdf
This link will explain the nuances of Domestic Violence and how a victim is defined.

Personally, as a Court Appointed Special Advocates (CASA) for Children, nearly all the cases I work on involve domestic violence within the family or outside the family. Domestic Violence is a term used to describe multiple types of crimes, an umbrella of terms fall under DV.

By 'fact' I was not referring to this case, but any case that actually involves domestic violence. I meant that the information that the crime involved domestic violence would be noted in the file but the conviction itself would be for a specific offense - Artemis Green linked to the list of possible offenses. I am retired but I used to do program evaluation research and have spent many hours accessing criminal histories.

Thanks ArtemisGreen for the detailed info!

LynnM! Thanks for clarifying. I thought I missed something and there was reference to the victim.

We appreciate the sharing of knowledge coming to our forum!

Ruqibabe wrote: When that didn't her camp decided to go for the jugglar.

Seems unfair to punish the juggler.