It said that the BF is to be charged with misdemeanor assault & battery rather than felony domestic violence. The A&B charge carries a maximum 6 months as opposed to 18 for the DV charge. And this guy is a repeat offender.
And I agree, it should not matter whether the receiving person is a spouse or otherwise - the book needs to be thrown at anyone really committing this sort of act. There are degrees of murder, there should be degrees of A&B. - Matt Small -----Original Message----- From: Ken Ketsdever [mailto:[EMAIL PROTECTED] Sent: Thursday, March 24, 2005 12:45 PM To: CF-Community Subject: RE: Ohio Gay Marriage Ban Legalizes Domestic Violence! My thought exactly! its sounds like a textbook assault and battery case to me. So this moron might get off because he was charged with the wrong crime from now on charge people in this situation with Assault and Battery rather than domestic violence. If she was a roommate rather than a live in girlfriend what would the charges be? -----Original Message----- From: G [mailto:[EMAIL PROTECTED] Sent: Thursday, March 24, 2005 9:32 AM To: CF-Community Subject: Re: Ohio Gay Marriage Ban Legalizes Domestic Violence! I dont understand...what's the big deal? It's still assault right? It's still against the law to hit someone, right? Why does it matter if it's "domestic" violence, or assault and battery? > Republican legal activist morons! > > Judge: Ohio Gay Marriage Ban Affects Law > Wednesday, March 23, 2005 10:47 p.m. ET > By CONNIE MABIN Associated Press Writer > > CLEVELAND (AP) -- Domestic violence charges cannot be filed against > unmarried people because of Ohio's new constitutional amendment > banning gay marriage, a judge ruled Wednesday. > > SNIP > > Burk, 42, is accused of slapping and pushing his live-in girlfriend > during a January argument over a pack of cigarettes. > > His public defender, David Magee, had asked the judge to throw out the > charge because of the new wording in Ohio's constitution that > prohibits any state or local law that would "create or recognize a > legal status for relationships of unmarried individuals." > > Before the amendment, courts applied the domestic violence law by > defining a family as including an unmarried couple living together as > would a husband and wife, the judge said. The gay marriage amendment > no longer allows that. > > http://wireservice.wired.com/wired/story.asp?section=Breaking&storyId=100902 0&tw=wn_wire_story > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Purchase Studio MX with Flash Pro from House of Fusion, a Macromedia Authorized Affiliate and support the CF community. http://www.houseoffusion.com/banners/view.cfm?bannerid=51 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:151557 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
