Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

A person is beating his wife symbolizing domestic violence.What Do I Do If I Have Been Accused Of Domestic Violence?

If you have been accused of domestic violence, you are probably involved in a volatile, emotionally charged situation that has reached a breaking point. Though many relationships come to an end eventually, end more explosively than others. In a small number of cases, this can include false or exaggerated accusations of very serious charges, including domestic violence.

Being accused of domestic violence can be absolutely devastating. However, even though you may be feeling furious, heartbroken, and humiliated, it’s essential to remain calm and stick to a few basic guidelines.

Should I Tell My Attorney Everything About My Domestic Violence Case?

Yes. Always be honest with your attorney. Anything you hide or avoid talking about will likely come up when you least expect it, which will harm your case. Think as honestly as you can about the accusations and your relationship with the accuser. If the accuser is telling the truth about anything, even something small, make sure to tell your attorney about it. Your attorney is on your side and there to help you.

What If The Domestic Violence Accusation Is Totally False?

If the accusation is completely false, make sure to disclose that to your attorney as well. Remember that if you are innocent, you are already starting out at an extreme advantage. Though the accusation is still very serious and can get out of hand quickly, starting out from a place of actual innocence is some of the very best ammo you could possibly have. If you have information that specifically counters the accusations, or corroborates or backs up your innocence, gather that evidence as subtly and thoroughly as possible.

I Have Been Served With An Order Of Protection. What Does That Mean, And What Do I Do Next?

In many domestic violence cases, the court will grant the accuser an Order of Protection. An Order of Protection very specifically outlines behaviors and actions that are prohibited to you for the duration of the Order. This often includes:

  • Having any contact with the accuser
  • Having any contact with the accuser’s family
  • Being within a certain physical distance of the accuser, or of their home, school, or workplace

It may include additional provisions, depending on the circumstances of the case.

It is absolutely crucial that you follow the Order of Protection completely and exactly. If you think something might be a violation, it is in your best interest not to do it just in case. Even if you find the Order unfair, and even if it temporarily gets in the way of your life, it is absolutely not worth it to violate the Order in any way. Violating an Order of Protection, even slightly, can irreparably harm your domestic violence case. In addition, it is considered a crime under New York State Law, punishable by up to seven years in prison.

Can I Post About The Domestic Violence Accusation Or The Case On Social Media?

No. Do not post about the case or your accuser on social media. It can be incredibly tempting to vent or defend oneself on social media, especially if your accuser is posting false and inflammatory things about you. However, it is incredibly important not to mention the case or your accuser at all on any social media platform. In fact, it is advisable to take a break from social media for the duration of the case, so that you don’t wind up seeing things that might upset you and tempt you to post something. Anything and everything you say on social media can be used against you, often out of context, and can harm your case.

What Should I Do If I Am Arrested Or Questioned By The Police In Connection With A Domestic Violence Accusation?

If you are ever arrested or questioned by the police as part of the domestic violence case, do not speak to them without an attorney present. You have the constitutional right to remain silent and avoid incriminating yourself. Calmly but firmly ask to speak to your attorney if police officers try to talk to you about the case, or about anything else. If you are arrested, remain calm and silent unless you are asking to speak to your attorney. Do not speak to anyone until you attorney arrives or you consult with them on the phone. Anything and everything that you tell police officers can be used against you later, even out of context.

How Soon After A Domestic Violence Accusation Should I Call An Attorney:

Perhaps the single most important piece of advice for anyone facing a domestic violence accusation in New York is to contact a qualified domestic violence attorney as soon as possible. If you have been accused of domestic violence, call an attorney as soon as you possibly can. The earlier an attorney gets involved, the more they can do to help you, and to help you help yourself. Having an experienced, knowledgeable attorney on your side is essential if you are going to be able to disprove the charges against you, avoid potentially devastating consequences, and move on with your life.

If you’re in White Plains, NY and are looking for a reliable, tenacious domestic violence defense attorney with a stellar track record, look no further than Attorney Michael Kramer. Attorney Kramer has been defending clients against false domestic violence accusations and in similar cases for many years. Let him put those years of experience to work for you. Call (914) 709-7161 for a free consultation today.

Interviewer: What determines whether an assault in a domestic violence case is a first degree or second degree?

Michael Kramer: The circumstances and the injury involved. For example: third degree assault is the lowest form of assault; that’s any physical injury. Second degree is a serious physical injury. First degree is the use of a weapon to cause a serious injury and various other categories. It is possible for your domestic violence attorney to attempt to negotiate a reduction of your initial charge.

Most of the time, a domestic violence incident involves assault in the third degree, which is misdemeanor assault, not felony assault. That can occur by pushing and shoving someone, by smacking them, by throwing something at them. Any physical injury, even a swelling, has been upheld as being technically an assault.

Interviewer: What kind of weapon has to be used to classify the charge as first degree?

Michael Kramer: A deadly or dangerous weapon.

Interviewer: If I had a domestic violence charge and it was dismissed, would that prevent me from being hired at a new job? Will the charge appear on my criminal record?

If a Charge Is Dismissed Your Record Should Be Sealed; However, the Record of the Charge and Arrest May Be Viewed by Law Enforcement

Michael Kramer: Once a case is dismissed it’s supposed to be sealed. You’re supposed to get the fingerprints and photographs back. However, with technology at the state it’s in at this point, once it’s been entered in the computer it’s in the computer and it’s next to impossible to get it removed from the computer.

Your computer printout would show an arrest in the arrest column, and then it would show a disposition in the disposition column. If it was a dismissal, that would end the matter. However, any law enforcement official who wanted to pull up your record would see that you have a prior arrest for a domestic violence incident even though it was dismissed. They would not view you in the same way they would; otherwise, if you had a totally clean record with no arrests.

A Trespass and Domestic Violence

Interviewer: Is trespassing, would that be considered a factor in a domestic violence dispute?

Michael Kramer: A trespass would not be considered, necessarily, a typical domestic violence incident. However, I could picture ex-husband and wife living in separate residences. The husband was told by the wife not to come by the house, the husband comes by her house, enters the yard, and enters the screen porch and so forth. The ex-wife gets mad, calls the police, and that’s a trespass and it could be considered domestic violence because of the past relationship. The defendant would still want to consult a domestic violence attorney.

Verbal or Electronic Threatening with No Physical Battery: Verbal Threats Are Not Usually a Violation but Electronic Threats Are Subject to Misdemeanor Charges

Interviewer: How are threats handled by law enforcement? If there’s no physical activity but it was on record that someone had made a threat.

Michael Kramer: Well if a threat is made by any electronic or mechanical means, telephone, computer, or in the mail; it’s considered a form of harassment, aggravated harassment and it’s a misdemeanor. If a threat is made to one’s face, person-to-person, unless it puts one of the parties in fear of physical danger it’s not necessarily a violation of the law. You can threaten someone to their face and get away with it, but if you threaten someone on the telephone it’s a violation of the law and you are in need of a domestic violence attorney.

Family Court or Criminal Court: Where Are Domestic Violent Cases Tried in Westchester County?

Interviewer: What are the difference between domestic violence, domestic battery, and family violence?

Michael Kramer: Battery is assault, it’s an unlawful hitting or touching, causing some degree of physical injury. Family violence and domestic violence are the same thing. Now there are certain cases that go to family court as opposed to criminal court. Disputes between husband and wife can go to family court, which is certainly better for the parties, because criminal court carries much more severe potential sanctions. Most of the time when police are called and there’s a violation of law, it goes to criminal court and requires the services of a domestic violence attorney.

My practice focuses exclusively on DWI, TRAFFIC and CRIMINAL matters. As a sole practitioner, he provides his client’s accessibility and a degree of personal attention that large firms cannot. For other attorneys such cases are a small portion of their practice.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161