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Affirmative Finding of Family Violence....

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6061079291

July 31, 2009, 14:04
deharris
Affirmative Finding of Family Violence....
I'm trying to dtm whether a district court has the authority to make an "Affirmative Finding of Family Violence" where the charging instrument does not specify that the defendant and complainant have either a family/dating relationship.

I recently took a plea on an Agg Asslt-SBI case, and the court declined to make the finding per the plea bargain - because the charging instrument was void as to the relationship. I argued 1) that case law permits the state to prove the relationship via extrinsic evidence; and 2) the stipulations indicated that the parties were married. Obviously I won't omit the necessary language in the future, but I'd love to find a definitive answer to the question. If anyone can direct me to an appropriate source I'd appreciate it.