There are a number of charges which could be brought against her based on the details you provided, all of which are felonies.
Since she used a knife, which is considered a dangerous weapon, and depending on the relationship between the victim and the aggressor, the district attorney has the option to charge her with any of the following: 1) aggravated battery, which carries imprisonment of up to 10 years and/or a fine of up to five thousand dollars; 2) aggravated second-degree battery, if it is determined that she caused serious bodily injury, which carries up to 15 years in prison and/or fine of up to ten-thousand dollars; and/or 3) domestic abuse aggravated assault which carries a possible sentence of imprisonment between one and five years and a fine of up to five thousand dollars. This list is not all-encompassing and other charges could be brought depending upon the circumstances surrounding the crime.
With domestic abuse charges, if she has bonded out of jail on the charge, a term of her bond is to stay away from the victim. But if you believe that she still remains a threat, I would strongly suggest that a civil temporary restraining order be filed so that she is required to stay away. With a TRO, the judge has to consider all the facts alleged to be true and, if they find that there is a factual basis for her being a threat to his safety, they will issue the TRO for a period of around 30 days. Because of this, it is very important that the facts alleged in the TRO petition be very specific regarding what she did and how she still poses a threat to his safety. Once the TRO petition is filed, whether or not the TRO is issued, a hearing for a protective order will be set to determine if a protective order should issue for a longer period.
If you would like assistance obtaining a temporary restraining order and protective order hearing, please give my office a call at (337)237-0492 so that we can set up a free consultation.
Answered on Aug 31st, 2020 at 7:37 AM