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In New York, domestic violence is known as a family offense because those involved in such crimes shared an intimate relationship. While a conviction can result in harsh criminal penalties such as a jail or prison sentence and fines, merely getting arrested can lead to being subject to a restraining order and losing certain rights.
If you have been arrested for domestic violence in Queens, our legal team at Lebedin Kofman LLP is ready to guide you through the complexities of the legal system and help you obtain the most favorable result in court. We can thoroughly investigate the incident, collect and assess evidence, negotiate with the prosecution, and help you either get your entire case dismissed or your charges/penalties reduced.
Under New York law, domestic violence is not considered a single offense. Rather, domestic violence is an umbrella term for certain offenses involving individuals who share an intimate relationship with one another.
The following are common examples of intimate relationships:
Current and former spouses
Current and former dating partners
Two people who share children together
Family members related by blood or marriage
New York police officers may arrest a person if there is probable cause to believe the individual has committed a misdemeanor family offense. On the other hand, if there is probable cause that a person committed a felony offense against a family or household member or violated a protective order, the police must make an arrest.
Common examples of family offenses include:
If a person is an alleged victim of domestic violence, he/she can obtain an “order of protection” in New York. Also known as a restraining order or protective order, there are two types of orders: a temporary ex parte order of protection and a final order of protection.
An alleged victim can file for a temporary protective order in family court or, if the family court is closed, in criminal court. If a judge believes there is “good cause” that a victim is in imminent danger of domestic violence, the court will grant the order. The temporary order lasts until the full court hearing.
At the full court hearing, the alleged victim and perpetrator may present their case. If the judge grants the victim the final protective order, it will last up to two years. Yet, if there are any aggravating circumstances, then the final order will be valid for a maximum of five years.
The following are common aggravating circumstances:
Involvement of a dangerous weapon
Physical abuse in front of loved ones
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
Previous domestic violence convictions
If a person violates a restraining order, he/she can be charged with criminal contempt.
Due to the seriousness of domestic violence allegations and conviction, it is in your best interest to hire an experienced criminal defense attorney to help you from start to finish. Do not wait to let the criminal justice system take its course by letting our firm defend you inside and outside the courtroom.
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