Bronx Domestic Violence Lawyer
Knowledgeable & Personalized Legal Representation
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.
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.
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:
Assault
Strangulation
Stalking
Menacing
Reckless endangerment
Harassment
Intimidation
Threats
Disorderly conduct
Criminal mischief
Grand larceny
Our Process
Our Firm Is Your Solution
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. We genuinely care about our clients’ success and wellbeing, which is why we are available to them 24/7. 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
Ready to Defend You Today!
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.
Client Reviews
Do not hesitate to call this firm because they will be right by your side every step of the way. They surely live up to their great reviews.
Let’s Talk
Your Defense Starts Now.
26 Broadway, 3rd FL
New York, NY 10004
646-663-4430