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To: cuban leaf

“But maybe this involves more serious physical force.”

Actually, I think the court said the exact opposite: “no proof of physical violence is required to support the domestic violence charge”

So, it appears a mere allegation is enough.


14 posted on 03/26/2014 12:47:00 PM PDT by Hulka
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To: Hulka
So, it appears a mere allegation is enough.

There has to be a conviction of a misdemeanor, not just an allegation. So the moral is that you should fight the misdemeanor case and not take a plea bargain.

The statute requires "physical force." The lower court said that "physical force" means "violence." All nine justices said that "violence" isn't required, but Scalia thinks that a slap isn't enough.

22 posted on 03/26/2014 12:55:00 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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