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Staten Island Domestic Violence Lawyer

Accused of Domestic Violence? Our Firm Can Defend You!

Commonly referred to as a “family offense” in New York, domestic violence is any violent or threatening crime committed between individuals who share an intimate relationship. If you are convicted of a family offense, not only will you be subject to serious criminal penalties (e.g., jail or prison sentence, fines, criminal record, etc.), but you can also be issued a restraining order against you. Facing such allegations can result in substantial damage to your personal life and professional reputation, which is why you should not go through the legal process alone.

At Lebedin Kofman LLP, our experienced legal team is committed to defending you inside and outside the courtroom. We can thoroughly assess your situation, listen to your story, and determine all your available legal options to help you obtain the most favorable result in your case.

Do not hesitate to contact us today at (646) 663-4430 to request a free case review!

Domestic Violence Laws in New York

In many states, domestic violence is considered a singular criminal offense. In New York, however, it is an umbrella term for certain crimes between people who share an intimate relationship with each other.

Common examples of intimate relationships include:

  • Present and past spouses

  • Present and past dating partners

  • Two individuals who share children together

  • Family members who are related by blood or marriage

State law enforcement officials may make an arrest if there is probable cause to believe someone has committed a misdemeanor family offense. Yet, if there is probable cause that someone committed a felony against a loved one or violated a restraining order, arrest is mandatory.

The following are common examples of family offenses:

  • Assault

  • Coercion

  • Criminal mischief

  • Disorderly conduct

  • Grand larceny

  • Harassment

  • Intimidation

  • Menacing

  • Reckless endangerment

  • Stalking

  • Strangulation

  • Threats

What is an Order of Protection?

An alleged victim of domestic violence in New York can obtain “an order of protection”—also known as a restraining order or protective order—in family court or criminal court (if the family court is closed). There are two types of orders: a temporary order of protection and a final order of protection.

Also known as an ex parte order, a temporary order will be issued if a judge believes that a victim is in imminent danger of domestic violence. This restraining order is generally valid until the full court hearing.

At the full court hearing, both sides have an opportunity to present their case. If the court rules in favor of the alleged victim, the final protective order will last up to two years. However, a final order can be valid for up to five years if there are any aggravating circumstances.

Common examples of aggravating circumstances include:

  • Injury

  • 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

Violating an order of protection in New York can be charged as criminal contempt. A conviction can result in a jail sentence, fines, and other harsh penalties.

Schedule a Free Consultation Today!

Being accused of domestic violence can be devastating and emotionally overwhelming, which is why you need an experienced criminal defense lawyer on your side to protect your rights, reputation, and freedom. Do not wait to let us help you get the best possible outcome in court.

Call (646) 663-4430 or fill out our online contact form today to speak with our Staten Island domestic violence attorney!

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