Domestic violence charges are serious criminal offenses and those accused can face serious penalties. Domestic violence impacts people every day, an argument can turn physical at any point. Domestic violence can lead to physical injury or fatality. If you’re facing criminal charges based on allegations of domestic violence, you should contact an experienced Nassau County Criminal Defense Attorney.
What is Domestic Violence?
New York state defines domestic violence as any act of violence that a person commits against a family member, spouse, or cohabitant. Domestic violence applies to crimes between members of the same family or household.
What is a Mandatory Arrest in New York?
In New York, a mandatory arrest law for domestic violence charges has been implemented. This means that in an intimate partner relationship, the police may arrest if they have probable cause to believe that a felony has been committed. An officer can also make a mandatory arrest for domestic violence charges if a person disobeys an order of protection. In a mandatory arrest, an officer will not abide by the victim’s wishes. If they ask an officer to not make the arrest or say they are not going to press charges, the officer will still make the arrest as it is the best course of action. Even if the victim has recanted their claims of domestic violence, the accused will still be arrested. Oftentimes, victims of domestic violence will change their stories. In the case that both you and your partner were participating in the incident, the police will charge whoever they believe to be the main aggressor.
What Are Orders of Protection?
When a person is arrested for a domestic violence charge, a temporary order of protection will most likely be placed on the victim. If one is not appointed by the court, a victim can file for one themselves. An order of protection keeps both parties away from each other. If you are appointed or request a temporary order of protection this means you are potentially in danger of being harmed. The accused must obey the rules and conditions of an order of protection. The victim must also abide by the rules and not make contact with the accused. If they violate the terms that have been set forth, this can result in more severe penalties. If allegations have been made against you, contact an experienced attorney who can help you defend yourself.
Contact Our Long Island Firm
If you need experienced legal counsel for a criminal matter on Long Island or anywhere in New York State, please contact Grunwald & Seman, P.C. to schedule a consultation.