This is a continuation of our information series.
Besides a number of social problems and loss of privileges at the local level, if you are convicted of Domestic Violence you will also face Federal Penalties.
Federal Penalties
1. Firearms and ammunition: You can never for the rest of your life legally, own, be in possession of, or in the vicinity of any firearm or ammunition 18 U.S.C. § 922(g)(9). For example, if you are in a car and there is a single bullet or shell in the car you are guilty of a federal felony with a mandatory 5 to 10 year sentence. This is true whether you are given a deferred or adjudicated sentence as those are still convictions under federal law.
Obviously you can never again get a hunting license but the law bars you from even being in a hunting camp with other armed hunters. Gun collections are also denied, nor can you be in a home with guns or ammunition present.
Note that cartridges used in nail guns are ammunition so that you cannot work many construction jobs. Exploration for and exploitation of minerals, e.g., oil, gas, mining, will be excluded as well. You will also be barred from interstate transport of hazardous materials as well. And this summary of federally excluded activities is by no means exhaustive.
2. Security clearance: You will not be able to obtain a security clearance and may well lose any current clearance you have. That will bar you from working on any government facility or military base in any position, e.g., construction or food contractor, where sensitive or classified material or equipment is present.
3. Government employment: You probably cannot hold any government job and may lose any current federal job you have. That is especially true if you are in a position that requires you to carry a weapon or handle or transport ammunition, explosives, or other hazardous materials, or that requires a security clearance.
4. Military: You will be discharged from the military or not allowed to reenlist.
Note that we have also encountered cases where a serviceman was not allowed to reenlist because his wife was convicted of domestic violence.
5. Uniformed Services Former Spouses Protection Act (PL 97-252, 1982): Allows state divorce courts to divide as marital property any pension earned during the concomitant marriage/service period, regardless of fault, need, or independent wealth. It also penalizes a military member for perpetrating domestic violence on his civilian spouse/dependents by revoking any retirement benefits from him and providing these benefits to his victims.
1. Deported: If you are an immigrant, in the United States on a visa, or are an illegal alien, once convicted of domestic violence you can be deported. Under a 1996 federal law, that ruling applies whether you plead guilty, no contest, plea bargain, or accept a deferred judgement. You may also face charges of aggravated deportation and be required to serve up to ten years in a federal penitentiary before being deported.
The law requiring deportation also applies to a wide range of crimes ranging from manslaughter to misdemeanor drunken driving, as well as domestic violence.
With all this in mind, it is hoped that perpetrators of domestic violence will get help to stop this abusive behavior before you get arrested and convicted.
It is also hoped, that with all these life changing penalties laid out, those who would file false charges for one reason or another, will reconsider what such false charges may do to the life of an innocent person, as they may be found guilty, depending on the king of 'fake evidence' that is presented.
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