domestic violence

An allegation of domestic violence is a strong and negative charge against anyone’s character. If you are charged with any crime of domestic violence, arrange at once to meet with an experienced Long Island domestic violence attorney.

All fifty states, as well as the District of Columbia, have provisions allowing the courts to issue protection orders to the alleged victims of domestic violence. How do protection orders work in the state of New York?

WHAT DOES A PROTECTION ORDER DO?

Survivors of domestic violence may seek a protection order to guard themselves against further victimization. Although a protection order may not prevent an abuser from stalking or even hurting a victim, the protection order allows a victim to have the abuser arrested if it is violated.

In New York, the state’s family courts and criminal courts have simultaneous jurisdiction over “family-related” offenses such as assault, stalking, menacing, and sexual misconduct and abuse.

Domestic violence is now commonly defined to include all acts of physical, psychological, sexual, or economic violence committed by a family or household member or by an intimate partner against another member of the family or household or against the other intimate partner.

WHAT ARE THE RIGHTS OF DOMESTIC VIOLENCE VICTIMS?

Domestic violence victims in the state of New York may bring civil charges in family court, criminal charges in criminal court, or concurrent actions in both courts.

Victims may also apply for an order of protection from either court – an order that tells a defendant to stay away from the victim and the children involved.

WHAT CAN A PROTECTION ORDER COMPEL SOMEONE TO DO?

An order of protection may also tell an alleged abuser not to threaten, injure, or harass you, your family, or any other person or persons named in the order. It may additionally include, but is not limited to, orders notifying the alleged abuser to:

1. move out of your residence
2. obey the court’s child custody order
3. obey the court’s child support order
4. stay away from you and your children
5. surrender any firearms that the alleged abuser may possess

An order of protection attempts to compel an alleged abuser to behave without aggression or active violence against the individual who sought the protection order. In a mutual order of protection, both parties request the same type of protection – from one another.

WHO QUALIFIES TO SEEK AN ORDER OF PROTECTION?

If you are the victim of domestic abuse, to obtain an order of protection in a New York family court, your relationship to the alleged abuser must fall into one of these four categories:

1. The alleged abuser is a current or former spouse.
2. The alleged abuser is the other parent of your child.
3. The alleged abuser is a family member related to you by blood or marriage.
4. The alleged abuser is someone you have or have had an “intimate relationship” with.

Legally speaking, an intimate relationship is not necessarily a sexual relationship. It depends on a number of factors. When a petition for a protection order is received, the court will determine if the relationship in question is, in the court’s opinion, “intimate.”

WHAT CAN HAPPEN IF SOMEONE VIOLATES A PROTECTION ORDER?

If you violate a protection order in the state of New York, you can face a contempt charge that may be prosecuted as a misdemeanor or as a felony depending on the details and extent of the violation:

1. Criminal contempt in the second degree is a Class A misdemeanor punishable upon conviction by up to a year in jail and/or a fine of up to $1,000.

2. Criminal contempt in the first degree is a Class E felony punishable upon conviction by up to four years (and a minimum of one year) in prison.

3. Aggravated criminal contempt in the first degree is a Class D felony punishable upon conviction by up to seven years (and a minimum of one year) in prison.

A judge may order a convicted offender to attend “anger management” classes or to seek treatment for drug or alcohol issues.

WHAT ELSE CAN HAPPEN WHEN A PROTECTION ORDER IS ISSUED?

When mutual orders of protection are requested and issued, a New York family court judge may also modify the court orders dealing with a couples’ child support, custody, and visitation privileges.

These matters may surface when mutual orders of protection are issued because no interaction will be allowed between the parents.

Mutual orders of protection are typically issued when both parties have presented evidence of domestic abuse or violence and when the court determines that both parties acted aggressively and not primarily out of self-defense.

IF YOU ARE ACCUSED OF DOMESTIC VIOLENCE, WHO CAN HELP YOU?

If you are charged with a crime of domestic violence or with the violation of a protection order on Long Island or anywhere in New York City, you’re going to need the help of a criminal defense attorney.

Aside from the criminal penalties, a conviction for a domestic violence crime can also affect:

• your future job opportunities
• your right to own or carry a firearm
• your right to earn or maintain a professional license
• the court’s child custody orders and provisions

In no way is an order of protection – or any criminal charge of domestic violence – the equivalent of a criminal conviction. A false domestic violence claim can usually be discredited by a good defense attorney.

Self-defense and the defense of personal property are also sometimes offered as defenses to domestic violence charges, but having the charges dismissed, or winning an acquittal from a trial jury, will require the knowledge and skills of a talented domestic violence attorney.

WHAT IF THE ALLEGATION AGAINST YOU IS FALSE?

Domestic violence accusations are taken seriously by the authorities in New York. Nevertheless, lawyers and judges have seen plenty of false accusations in domestic violence cases.

If you’re charged with a crime of domestic violence in New York, a court may issue a protection order, and you could even be barred from your own home. If the accusation is fabricated, who can help you?

If you are charged with a domestic violence crime, or if you are named in a protection order, speak to an experienced Long Island domestic violence attorney at once. A good criminal defense attorney’s help is your right.

What are the penalties if someone is found guilty – or enters a guilty plea – to a charge of domestic violence in the state of New York State? The penalties will depend on the precise charge. A domestic violence lawyer will be able to help you learn more about your legal options.

Here in New York, domestic violence may include spousal abuse, child abuse, family violence, and a number of other crimes.

WHAT BEHAVIOR CONSTITUTES DOMESTIC VIOLENCE?

A domestic violence charge does not have to be based on an actual incident of genuine physical violence; intimidation and a threat of violence is enough to constitute a crime of domestic violence in New York.

Anyone can be accused of domestic violence. If you are charged by the authorities with any crime of domestic violence on Long Island or in New York City, you will need to seek legal assistance as quickly as possible from a criminal defense attorney.

HOW DOES NEW YORK DEFINE DOMESTIC VIOLENCE?

In this state, a crime of domestic violence is a crime in which both the alleged perpetrator and the alleged victim are:

1. members of the same family or household
2. related by blood or marriage
3. are legally married or are legally divorced
4. have a child together
5. have been involved in an intimate relationship

No single crime is actually called “domestic violence” in New York. The crimes in this state that are considered crimes of domestic violence include disorderly conduct, harassment, sex crimes, assault crimes, reckless endangerment, stalking and menacing, murder, and attempted murder.

WHAT ARE THE PENALTIES FOR DOMESTIC VIOLENCE CONVICTIONS?

Because domestic violence covers such a wide range of crimes, specific domestic violence penalties will depend on the precise charges and on the particular details of each alleged domestic violence incident.

A conviction on a charge of first-degree assault, for example, can be punished with five to twenty-five years in prison and a $5,000 fine.

On the other hand, offenses including third-degree assault and second-degree menacing are Class A misdemeanors punishable upon conviction with up to a year in jail and a $1,000 fine.

WHAT ABOUT “EXTRA-LEGAL” PENALTIES?

Of course, the criminal penalties are not the only penalties a defendant will face for a domestic violence conviction. A convicted offender’s future job prospects, that person’s right to own or carry a firearm, and that person’s child custody arrangements will all be negatively affected.

If you hold a professional license in this state, a conviction for a crime of domestic violence will put that license at risk for a suspension or a revocation.

HOW CAN A CRIMINAL DEFENSE LAWYER HELP?

Of course, a domestic violence charge is in no way the equivalent of a conviction. Like any other criminal charge, to convict you for a crime of domestic violence, a prosecutor must prove your guilt beyond a reasonable doubt to a jury of your peers.

Sometimes, a false domestic violence accusation can be entirely debunked by a savvy defense attorney. Self-defense and the defense of your personal property are also sometimes offered as legal defenses against domestic violence charges.

WHY IS IT VITAL TO HAVE YOUR OWN ATTORNEY?

This is important: You should not settle for representation from a public defender if you are accused of domestic violence. A public defender may only want to move you through the system as smoothly and quickly as possible.

If the charge is a crime of domestic violence, you will need a criminal defense lawyer with proven skill and expertise in domestic violence cases to advocate on your behalf.

In fact, in any domestic violence case in New York, getting the charge dismissed – or winning an acquittal from a jury – will require the skills and expertise of a knowledgeable defense lawyer in New York.

The right attorney will provide an aggressive defense for a domestic violence defendant. Your attorney will interrogate the pertinent witnesses, scrutinize the facts, and provide a persuasive, powerful defense while defending your rights and working for the best possible final result.

WHAT CAN HAPPEN IF YOU ARE ARRESTED FOR DOMESTIC VIOLENCE?

If you are arrested and charged with a crime of domestic violence, the court will issue an order for protection to keep the alleged victim or victims safe from further potential harm. Judges in New York have the discretion to order a variety of protections and restrictions.

A protection order may require the defendant in a domestic violence case to refrain from any personal, written, or electronic communication with the alleged victim or victims.

A domestic violence defendant may also in some cases be ordered to move out of the residence and to surrender any firearms he or she may possess.

WHO ARE THE VICTIMS OF DOMESTIC VIOLENCE?

Women from every walk of life – from the penthouse to the homeless shelter – report charges of domestic violence, but in the last two decades, men have accounted for roughly fifteen percent of New York’s domestic violence complaints.

It is imperative for the authorities to take domestic violence allegations seriously. When they don’t, tragedies happen. Nevertheless, New York’s attorneys and judges are familiar with false domestic violence accusations.

If you are falsely accused of a crime of domestic violence, you are not alone. It happens all too frequently, and for any number of reasons.

That is why you must be represented by an experienced criminal defense lawyer who routinely advocates on behalf of defendants accused of domestic violence.

WHAT IS NEW YORK’S IDV COURT?

Your domestic violence case may be tried by a special court called the Integrated Domestic Violence (IDV) Court if you are also involved in a proceeding divorce or in another family court case. This allows a single judge to oversee the cases to make sure the outcomes are consistent.

IDV Courts also facilitate access to community services for domestic violence victims and to mental health and counseling services for domestic violence offenders.

Every case and every allegation of domestic violence is unique. If you are charged with any crime of domestic violence in New York City, let an experienced Long Island criminal defense lawyer learn precisely what happened and advocate for justice on your behalf.

A false allegation of domestic violence can genuinely wreck your future, and in some cases, take your freedom. Don’t let that happen. If you are charged with a domestic violence crime, you have the right to legal counsel, and you’ll need to exercise that right immediately.

If there is one place in the United States that you do not want to go to court for a domestic violence charge, it is New York. The court systems are overloaded, and they are doing their best to prevent habitual offenders from slipping through the cracks. Police are quick to make an arrest and will do their best to make sure the couple stays away from each other for as long as possible before trial. This is especially true if the officers are called to that address often enough to remember them.

Even if the victim has calmed down and tells the police that he or she doesn’t want to press charges, in most cases, if 911 was called, someone is going to jail. The chances are good that a restraining order is going to be served and this couple is going to have to find a new place to live while they wait to go before the courts. Many times, one spouse must move out while the case is open, as well as figure out new transportation and childcare. If you are facing domestic violence charges, it is critical that you hire an experienced attorney who will fight for your side in court.

Your Spouse is No Longer Angry, You Want to Work it Out.

If you want to reconcile with your spouse after a domestic violence charge, you have the right to do so, but the court will still move forward with the case. Your spouse may even say they will not testify against you and you could still go to court. That is because it is not your spouse that is pressing charges, it is the state of New York.

Why Do You Need an Attorney?

Time is not on your side. If the police were told that you struck your spouse, then you are going to have to prove to the best of your ability that they were not telling the truth. You need to call a domestic violence attorney first. Do not just talk to the police thinking they will understand. Don’t think this is a minor thing and you can tell the judge what they want to hear to end the case.

Evidence

Your attorney will take photographs to determine the following:

• Are your hands red or bruised?
• Did you suffer from scratches on your face, arms, or back?
• Is the house in disarray showing there was a fight in there?
• Were there any witnesses?

Video

Is there a violent history in your household? If there is or isn’t the people who live near you probably know about it. If your spouse claims you hit them at the bank when you were using the ATM, it is on video. If they say you hit them in the parking lot of the grocery store, there is a video. There are few places you can go today without being recorded. This is something our domestic violence lawyers will find.

The goal of your attorney should be to resolve the dispute between you and the state. It is everyone’s best interest if things can be resolved peacefully and with lasting effect.

This is a common scenario. You got into a heated argument with your partner, and they claim you punched them when they spoke to the police. The next thing you know, your partner is telling them it was not that serious, and you are being arrested anyway. Then, you are charged with domestic violence. You are seriously in shock. But, keep your head up and call a domestic violence lawyer.

You Can Explain

The police may make you think they understand. Do not think that just explaining the issue will get everything thrown away. It does not work that way. It does not matter that your partner doesn’t want to press charges, and it doesn’t matter that you have lived together in peace for years. It is the state of New York that is pressing charges against you, not your partner.

Your Word Against Theirs

Your attorney knows that the prosecution most likely will not proceed without a signed affidavit from your partner. If they refuse to provide that, there is a good chance your attorney can get the case thrown out of court. Other times, your partner is told that it is just a formality and they get them to sign the paper unknowingly. It takes a skilled attorney to untangle that.

If there is evidence against you or your partner is proceeding with the case, it comes down to what proof is available. Therefore, it is critical that you hire an attorney immediately. If your attorney can show that you sustained injury from them, they can show that you were defending yourself. Photographs of scratched faces, arms, and backs help. They can speak to any witnesses in the area. Perhaps the neighbor heard what was happening. What they are going to say is much-needed information.

If you are falsely accused, you need an aggressive attorney to fight for your rights. The system in domestic violence and abuse will always lean toward the possibility of guilt. They do not want an abuser or violent offender to slide through the system.

Resolution

If it is possible to come away from this in a peaceful way, your attorney will walk you through that. It could mean anger management classes, or it may mean probation and fines. It is guaranteed that a skilled attorney will be able to get you the lowest possible penalty.

Perhaps it was a single incident, and the legal system pushed the case to the next level. Marriage counseling may be needed. Your attorney will work within the legal guidelines to get you the best outcome. The state of New York is not someone you want to take on without an experienced domestic violence attorney behind you.

Penalties

The penalties for the crime of domestic violence can be frightening and confusing. Much like the charges, there are a lot of things that the court will consider. They will look at your history and the seriousness of the injuries. They will consider your partner’s willingness or unwillingness to testify. The penalty can be as minor as probation, or it can be as serious as several years in prison.

The state of New York, like many other states, face staggering numbers of cases annually regarding domestic violence. These cases are particularly difficult because they cast a long shadow and affect many families.

These cases involve people who are emotional and who care about each other. They often want to resolve the problems and try to work things out, but they are stuck in the system. When the case warrants it, there are times when the court will order probation, anger management, and counseling. These programs have been around for many years, and in some cases, they work and a family is restored. Other times, the offender simply tries to do and say the right things until the sentence has been carried out.

Batterers Intervention

The courts in New York wanted to introduce a program that would address the entire issue of domestic violence. The way the laws were set up, the abuser got more punishment for more injuries they caused. This was not stopping the problem of abuse. In fact, it often made it worse.

Batterers Intervention is a program that a judge can assign if they feel it will help the abuser and abused. The program is a serious one. A person cannot request the program. It is an option used at the court’s discretion.

The program lasts for 26 sessions. The sessions are once per week for a minimum of 75 minutes. Failure to comply results in a court-ordered consequence. The sessions are intense. They are taught by leaders that specialize in the area of behavior. They shine the light into every corner of anger, abuse, neglect, and pain. They allow the families to learn why they interact the way they do, and how to change it. For those who give 100% in the program, the rate of success of nearly 60%.  While, no program can force a person to undergo the kind of treatment that is necessary for success, those who do experience a new freedom.

The community is very much a part of this program. The entire infrastructure must be in place before the program begins. It is strict and unyielding. For example, if a person is late for their meeting, it is counted as an absentee. There is no excuse that will excuse it.

The understanding that victims of domestic violence are often too afraid to speak out and often will help their abuser cover up his actions, the partners work through their own programs.

A key difference in this program over the others is, this program holds men accountable for their actions. As we said, it is difficult, but it works.

The use of conditional release, unconditional release, probation, and other therapy is still used. While the accused may not think intervention is a better choice, a chance to live a normal life versus years in jail is usually a better choice.

This program shows much promise, and it is being looked at across the country for other places to put this type of program into place. The goal of stopping the violence between intimate partners is becoming a reality for some. There is much more to do. The bar has been set high.

For more information, speak to a domestic violence attorney today.