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.
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