Bronx Domestic Violence

Bronx Domestic Violence Lawyer

Knowledgeable & Personalized Legal Representation

Domestic Violence Laws in New York

There is no offense specifically known as domestic violence in New York law. Instead, domestic violence is a broad term for certain crimes committed against individuals who share an intimate relationship.

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The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Orders of Protection in New York

As we mentioned earlier, not only does a person who is accused of domestic violence face serious criminal charges, but he/she can also be subject to a protective or restraining order. There are two types of orders: a temporary order of protection and a final order of protection.

A victim can obtain a temporary order of protection—also known as an “ex parte” order—in family court. But if the family court is closed, then they can go to criminal court.

If a judge believes there is “good cause” that a victim is in imminent danger of domestic violence, then the court will grant the order. The temporary order is valid until the full court hearing.

At the full court hearing, both sides will present their case. If granted, the final order of protection is valid for a maximum of two years. However, if any aggravating circumstances exist, then the final order will last up to five years.

Common aggravating circumstances include:

• Injury
• Involvement of a dangerous weapon
• Repeated violations of restraining orders
• Previous domestic violence convictions
• Physical abuse in front of family members

Previous actions and behaviors that would make a judge believe that the alleged victim and his/her family members are in immediate and ongoing danger

Depending on the circumstances, violating an order of protection can result in being charged with criminal contempt.

Temporary Orders of Protection

The court can issue a temporary protection order if a person is accused of a crime against a spouse, former spouse, child or parent, or member of the same household. The victim can also petition for a temporary order of protection in a family court proceeding. Even if the defendant has not been charged, they can still file a petition to obtain an order of protection. The judge will issue a temporary order after reviewing the petition and asking questions to the victim. An ex parte order of temporary protection can be issued, meaning that the defendant is not notified by the court before the order is issued.

Provisions that may be included in a temporary order of protection include:

• requiring the defendant to be allowed to enter the house, school, workplace, or school of any family member, witness, or household member.
• setting a schedule of child visits if the defendant was a parent
• prohibiting the defendant from committing criminal offenses towards a member of the family, a household member, or a child
• prohibiting the defendant from creating an unreasonable risk for the safety, health, or welfare of a child, family member, or household member.
• requiring the defendant to allow a designated person to enter the residence at a specified time in order to take personal belongings.
• prohibiting the defendant from causing harm to any pet or child in the household.

At Lebedin Kofman LLP, we understand how life-changing an accusation of domestic violence is, let alone a conviction. Our team of criminal defense lawyers serving Manhattan and New York City may be able to help someone accused of domestic violence protect their rights and their freedom.

No Contact Orders for Domestic Violence Cases

Furthermore, a conviction will likely result in an order of protection being filed against you, thereby preventing you from visiting your children or loved ones. This is why it is vitally important to retain skilled advocacy as soon as you are charged.

New York Domestic Violence Attorneys Protecting Your Rights & Fighting For Your Best Interests

At Lebedin Kofman LLP, our team can help you make sound choices about your future and family as we navigate you through each stage of the criminal process. Contact the firm to discuss your immediate concerns and deadlines. As your representative, we will fight relentlessly to get your charges reduced or dismissed.

Domestic violence-related charges include:

• Aggravated harassment in the second degree
• Obstruction of breathing or blood circulation
• Strangulation in the second degree
• Endangering the welfare of a child
• Menacing in the second degree
• Aggravated criminal contempt
• Menacing in the third degree
• Stalking in the second degree
• Stalking in the fourth degree
• Stalking in the third degree
• Second-degree assault
• Third-degree assault
• First-degree assault
• Criminal contempt

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