Family law court query

[jan]

2 people I know wer in court today - they are related but I am not related to either.. a domestic violence case... long story short, judge asked the victim if he wanted the accused to go to prison or suspended sentence etc... is that normal/not normal? I know v little about the legal system - but would have thought that its up to the judge to make that decision? knowledge or experience would be appreciated thank you

 

[ClubMan]

Family courts operate in camera with limited reporting permitted so it's going to be difficult to say what's "normal" - and whether or not such a question from the judge (assuming that you received an accurate report of what actually happened) was unusual or not especially given that we know nothing about the details/evidence of the case.

 

[torblednam]

This doesn't make sense to me; the family court is civil, not criminal, so there's simply no question of a judge in family court making the statement like what the OP mentioned...

 

[ClubMan]

I agree, there's most likely some important information/context missing and probably not available anyway for the reasons that I mentioned above.

But might a judge in the family court have the power to jail someone for contempt perhaps?

But we're all just guessing here so it's probably a pointless exercise...

 

[Bronte]

It’s probably very close family members, as you said he, I’d assume victim is the father and perpetrator is his son. Judges don’t like to jail people in these cases if they can avoid it. Which is why the judge asked the victim what they’d prefer. For a case to get this far it’s probably violence. The judge is doing their best to find a solution. Sometimes the threat of jail will bring the perpetrator to their senses. Often victimes don’t actually want the perpetrator jailed. Yes of course the judge should will make the decision, but they are taking into account the circumstances and the victims wishes. I’d say this is drugs/drink related. Threat of jail v jail. Sounds normal to me.

 

[ClubMan]

For a case to get this far it’s probably violence.

No "probably" about it...

a domestic violence case

How on earth can you assume the following?

I’d assume victim is the father and perpetrator is his son.

I’d say this is drugs/drink related.

For all we know the victim could be subject to domestic abuse perpetrated by his (same or opposite sex) partner/spouse.

judge asked the victim if he wanted the accused to go to prison or suspended sentence etc...

Sounds normal to me.

Based on what?