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Known as “family offenses” in New York, domestic violence encompasses certain violent and threatening crimes against significant others, romantic partners, and family members. Getting convicted of domestic violence carries harsh criminal penalties, such as a lengthy jail or prison sentence and fines worth thousands of dollars. Additionally, you could also have a restraining order filed against you by the alleged victim, which could also negatively impact on your life.
If you have been accused of a domestic violence offense in the Bronx, let our legal team at Lebedin Kofman LLP protect your rights, reputation, and freedom. We can investigate your arrest, gather and examine evidence, develop an aggressive and personalized defense strategy, and help you get the most favorable result in court.
Call or compete our online contact form today to request a free case evaluation.
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.
The following are common examples of intimate relationships:
Current and former spouses
Current and former dating partners
Two people who share children
Family members related by blood or marriage
New York law enforcement officials may arrest someone if there is probable cause to believe a person has committed a domestic violence offense. However, if there is probable cause that a person commits a felony against a household member or violated a restraining order, then an arrest is mandatory.
Some of the most common types of family offenses include:
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:
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.
A domestic violence charge can cause irreparable damage to your personal life and professional reputation before you are convicted. Through every step of the legal process, you need an experienced criminal defense attorney at your side to defend you from start to finish. Do not hesitate to let Lebedin Kofman LLP help you get the best possible outcome in your case.
Contact us today at to speak with our Bronx domestic violence attorneys.
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