Domestic Violence Offenses In New York

Domestic violence includes a number of crimes and other violations of law that can be brought as a result of a dispute between spouses, boyfriend, and girlfriend, or any other members of the household living under the same roof. There is no actual crime of “domestic violence.” Usually, if the police are called, and physical touching has occurred, the resulting crimes can be the following, ranked in order of least serious to the most serious: harassment, disorderly conduct, assault, malicious mischief, and attempted murder. For example, if a fight occurred between spouses that involved pushing or shoving, and the police were called, it could result in the least serious offense of harassment. However, if a physical injury or bruising of any sort occurred, in all probability, the crime will be charged as assault. Depending upon the seriousness of the injury, it can be misdemeanor assault or felony assault. Malicious mischief refers to intentional damaging of property, which sometimes results from a physical altercation.

The following topics are the most commonly asked questions and answers in domestic violence matters.

When Police Were Called To My Home, I Was The Only One Arrested On The Spot. How Do Police Determine Who Is The Aggressor?

Unfortunately, if police are called, in almost all cases an arrest will be made. The police will separate the parties and interview each. They will then make their determination as to whom the aggressor is and who is the victim. In reality, it is usually the man who is arrested as police are reluctant to consider a husband or boyfriend to be a victim.

I Was Charged With A Domestic Violence Related Offense In New York, But I Was Only Acting In Self-Defense. Shouldn’t I Have A Right To Defend Myself?

If you were charged with a domestic violence-related offense, you do have the right to defend yourself if you were acting in self-defense. However, once the police have made an arrest, you will only be able to present your self-defense argument in court. Therein lies the problem: once you are charged and have to appear in court, you have already lost as you are now caught up in the criminal justice system. By way of example, let us say both parties claim they acted in self-defense, and the police choose not to believe you. The only way to succeed in your defense is to present your case to a judge or jury at a trial. In domestic cases, this is not a pleasant experience. Since both you and your spouse will be testifying against each other, bringing up all the underlying problems and intimacies of your marriage.

I Have A Previous Record For Assault, Non-Domestic Related. I Was Recently Charged In A Domestic Violence Related Case In New York. Will A Judge Automatically Assume I Am Guilty?

In most cases, a judge will only deal with the facts before him or her. In judging those facts, they will not usually consider your criminal record. However, a previous record will be taken into consideration if a conviction occurs, and it will certainly be considered by the district attorney’s office in their evaluation of the case.

I Was Arrested For Domestic Violence Against My Spouse In New York. Since I Have Been In Jail, She Has Tried To Contact Me To Work Things Out. Am I Allowed To Speak To Her?

If you were arrested for domestic violence against your spouse and she has tried to contact you, contact is usually not allowed. Once you are charged with a domestic violence offense, you are subject to an Order of Protection. If it includes a full “stay away,” you cannot contact your spouse directly or indirectly. However, if your spouse has somehow indicated that she wishes to drop the charges, she should be instructed to contact your attorney. Communication should thereafter only be made through your attorney.

I Was Arrested And Charged In A Domestic Violence Related Incident In New York. I Need To Get My Things From My House. Do I Have Permission To Go Back And Remove My Belongings?

If an Order of Protection has been issued with a full “stay away,” you cannot go to your house and remove personal items. Any request to remove such items must be made through your attorney to the court. Thereafter, arrangements are usually made with the local police who are required to be present at the appointed time and location.

My Girlfriend Called The Police On Me And Alleged That I Hit Her. Since My Domestic Violence Arrest In New York, She Has Been Texting Me To Get Back Together. She Said She Will Tell The Truth. Should I Ask Her To Go To The Police On My Behalf?

Once the police have made the decision to arrest, and the case has been transferred to a criminal court, the police are at that point out of the picture. Your girlfriend should be instructed to contact the branch of the district attorney’s office that deals with such cases. But remember, if there is an Order of Protection, you should not respond to any texts. Often, victims of domestic violence are met with resistance from the district attorney’s office when it comes to dropping charges. If such a situation occurs, your girlfriend may have to hire her own attorney to proceed on her behalf.

After I Was Arrested In New York For A Domestic Violence Case, An Order of Protection Was Issued. Are There Any Other Conditions Or Restrictions The Courts Will Put On Me? What Happens If I Violate Any Of Those Terms Or Conditions?

Once a case is brought to court and an Order of Protection issued, you will be given a court return date. An Order of Protection contains specific prohibition limiting your contact with your spouse. Those conditions are taken quite seriously, and if you violate them, you will be charged with another crime, criminal contempt. You will then be re-arrested and brought to court to face a new charge in addition to the original case.

Why Am I Being Charged In A Domestic Violence Case In New York When My Partner And I Were Both Equally To Blame For Harming One Another?

In domestic violence cases, the police are overly cautious. Even when both partners are equally to blame for harming one another, they would rather err on the side of arresting the wrong party instead of doing nothing at all. If they do nothing, and another incident occurs resulting in a more serious injury, they will be blamed. Therefore, it is easier not to take responsibility for what could be the wrong decision. It is better for them to pass the case on to the district attorney’s office and courts to sort out.

I Am Facing Domestic Violence Charges Against My Spouse In New York. There Is No Evidence To Show That She Was Harmed. How Can The Prosecutor Possibly Continue With The Case Against Me?

The word “harm” is a general term. A person can be harmed physically and/or emotionally. They can be unlawfully touched without any physical injury. Anyone of these forms of harm can possibly result in a prosecution in a domestic violence case.

How Long Does An Order Of Protection Last?

A Temporary Order of Protection is issued at the inception of a case, and it will last during the entire pendency of the case. At the end of the case, depending upon the disposition, a permanent Order of Protection will be issued. A permanent Order of Protection can last from one year to several years, depending on the seriousness of the case. If the case is dismissed, the order of protection will end.

CONCLUSION:

Domestic violence cases are the most difficult for the criminal justice system to deal with since they involve all the emotions and intimacies that have developed between spouses and other close relationships. It is usually quite difficult to separate typical fights and disputes that are normal to a marriage from those that should involve the criminal justice system.

If the relationship is over, divorce proceedings are often substituted for a criminal trial. However, if a serious injury to one party has occurred, the criminal justice system will be forced to take action, regardless of a divorce proceeding. Under all circumstances, you should seek out the expertise of an experienced domestic violence attorney. Through skill, which he or she has developed over the years, your attorney will seek to diffuse the situation, and perhaps bring the parties back together. Your attorney may be able to help convince the district attorney’s office and the court that such a conclusion is in the best interest of all the parties.

For more information on Domestic Violence Offenses In New York, a Free, 20-min, Traffic Ticket Strategy Session is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.