Unfortunately, many spouses claim "domestic violence" in an attempt to gain an advantage in a divorce case. Many times, I end up in cases where the husband is accused of it after he finds out his wife is having an affair. A conviction prohibits the person from owing a firearm under federal law. This is in addition to the other punishments for misdemeanor domestic violence (first offense) in Mississippi, which include a fine of up to $500.00 and imprisonment in the county jail for up to six months. See Miss. Code Ann. § 97-3-7(3). Additionally, the legislature is looking to increase the sentence to up to one (1) year. If that happens, this may require justice court to have jury trials if the prosecution seeks a sentence of longer than six (6) months. Many times solutions can be reached short of trial to avoid this. Other times, this issue needs to be litigated heavily.
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