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Call:
(347) 974-9434
The rate of Domestic Violence has become high. With numerous high-profile cases receiving significant media attention, law enforcement in New York and nationwide face increased pressure to vigorously prosecute individuals accused of domestic violence.
The term “domestic violence” broadly encompasses crimes involving those in a romantic relationship, family members, or individuals sharing a household. These crimes can include stalking, harassment, assault, rape, murder, and other offenses. Victims can be spouses, partners, children, other relatives, or housemates. Although addressing domestic violence is crucial, in their eagerness to hold alleged perpetrators accountable, prosecutors do not always make accurate judgments.
Some acts that may be considered domestic violence include the following, and more:
Domestic Violence-related charges include:
Penalties for Domestic Violence in New York
In the state of New York, domestic violence can be charged as either a misdemeanor or felony.
Being convicted of domestic violence may result in large fines, probation, lost firearm privileges, and possibly years in jail or prison.
If you are facing a misdemeanor domestic violence charge, then you could be looking at between 15 days and one year in jail and fines up to $1,000. However, if you are facing a felony domestic violence charge, the penalties become much more severe and you could be looking at anywhere from 4-25 years in jail and fines of up to $30,000.
Temporary Orders of Protection in New York
The court may issue a temporary protection order if a person is accused of a crime against a spouse, former spouse, child, 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 the victim questions. 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
Facing Domestic Violence Charges in New York
A conviction will likely result in an order of protection being filed against you, preventing you from visiting your loved ones or your children. It is important you retain a skilled attorney as soon as you are charged. At Justice Perez Law, we can help you navigate through the criminal process and the charges against you.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.