Domestic Violence Laws in New York

Domestic Violence Laws in New York

Domestic violence is a serious issue that affects many people in New York.  As such, the state has enacted laws addressing domestic violence to protect victims and hold perpetrators accountable.

However, the people the state intended to protect can sometimes abuse the laws and the system to obtain an advantage over another person with whom they may be in a family dispute.

Here's what you need to know about domestic violence laws in New York and how these laws may affect you if someone accuses you of such an offense.

Definition of Domestic Violence

Under New York law, domestic violence is defined as any of the following acts committed by a family or household member against another family or household member, or by one party against another party with whom they were in an intimate relationship:

• Intentionally causing or attempting to cause physical injury;

• Recklessly causing physical injury;

• Threatening to cause physical injury;

• Sexual assault;

• Stalking;

• Menacing;

• Harassment;

• Strangulation;

The Difference between Domestic Violence and Assault

New York has no specific statute called "Domestic Violence." Domestic violence is just a "catch-all" phrase used to describe crimes of violence between people in an "intimate relationship" or people who are related by blood or marriage.

So, you can see, the parties' relationship determines if a person is to be charged with a crime of Domestic Violence.

Mandatory Arrest

First, it is crucial to understand that whenever someone accuses another person of a domestic violence offense, under New York law, police officers are required to make an arrest if they have probable cause to believe that a family or household member has committed an act of domestic violence.  This means that the police will make an arrest if they decide they have probable cause, even if the victim does not want to press charges. 

That last part is important.  Arguments and fights often occur between family members or people involved in an intimate relationship.  If this happens and one of the people calls the police on the other, a huge wheel has been set in motion.  If the police arrive and they determine that there is probable cause to believe that one of the participants in the argument committed one of the acts listed above, then that person will be arrested.  That happens even if the other participant in the argument changes their mind and does not want the police involved.  It's too late.  The wheel has been set in motion and that wheel will grind on until the case is concluded.

Orders of Protection

In almost every case where domestic violence is alleged, the court will issue an order of protection.  An Order of Protection is a court order prohibiting a person from engaging in certain activities, such as contacting or coming near the victim.  In domestic violence cases, an order of protection may be issued to protect the victim from further abuse.  Violating an order of protection is extremely serious, and any violation of that Order is an entirely separate criminal offense that can result in another arrest with additional charges. A violation of an Order of Protection will not only result in another arrest, but it can also lead to additional charges with additional fines and maybe even imprisonment.

Penalties for Domestic Violence

The penalties for domestic violence in New York can vary depending on the severity of the offense.  For example, a first-time offender convicted of misdemeanor assault may face up to one year in jail and a fine of up to $1,000.  However, a person convicted of felony assault may face up to 25 years in prison.

What Should You Do if You Are Charged with a Domestic Violence Offense

Call an experienced criminal defense attorney.

Domestic violence cases are taken very seriously in New York, and an experienced criminal lawyer will approach such cases with the utmost care and attention to detail.

Tom Tormey is just such an attorney.

Here is a general overview of how Tom Tormey will handle your domestic violence case in New York.

Initial Consultation

The first step for any criminal lawyer is to meet with their client for an initial consultation.  During this meeting, the lawyer will ask the client to explain their side of the story and provide all relevant details about the alleged incident.  The lawyer will also inform the client of their rights and the potential consequences of the charges they are facing.

Investigation

After the initial consultation, the criminal lawyer will thoroughly investigate the case.  Such an investigation may involve gathering evidence, interviewing witnesses, and reviewing police reports and other documents related to the case.  The lawyer will also look for any inconsistencies or weaknesses in the prosecution's case that they can use to the client's advantage.

Negotiations

Once the investigation is complete, the criminal lawyer will begin negotiations with the prosecution.  These negotiations may involve plea bargaining or other forms of negotiation to try and reach a favorable outcome for the client.  If the two sides agree to a plea bargain, the lawyer will work to ensure that the terms of the agreement are fair and reasonable.

Trial

If negotiations fail, the case will proceed to trial, and this is where Tom Tormey excels.  Tom Tormey has a tremendous amount of courtroom experience, and he will cross-examine witnesses and challenge the prosecution's evidence to cast doubt on their case.  In addition, Tom Tormey will present evidence and arguments on your behalf to give you the best chance for the best possible outcome.

Call Now.

In conclusion, Tom Tormey will handle your domestic violence case with the utmost care and attention to detail.  H will conduct a thorough investigation, negotiate with the prosecution, and present a strong defense at trial, if necessary.

If you are facing domestic violence charges in New York, calling Tom Tormey as soon as possible is vital.  Tom Tormey will help protect your rights and help you achieve the best possible outcome.