Domestic Violence Defense | Consult With a New York Domestic Violence Attorney
A domestic violence charge is one of the most complicated and emotional criminal charges one can face. It can be very difficult to separate out fact from fiction, and the feelings that the parties have may be raw. To make matters worse, along with the pending criminal charge, you may face a protective order that affects where you live and may even affect your job. As a result, if you are involved in a domestic violence case, you will want to work with an experienced New York domestic violence attorney to learn your rights and options.
What Does the Crime of Domestic Violence Entail
We hear about domestic violence all the time in the news. Yet, there is a lot of misinformation and half-truths. Generally, domestic violence may be a single act or a pattern of abusive behavior in a relationship. There may be many motivations behind domestic violence such as power and control, revenge and even insecurity. In addition, you should know that domestic violence is not always a crime involving a man against a woman in a marriage. Instead, domestic violence may involve parents and children, siblings and even roommates. Some common types of domestic violence include:
- Physical Abuse. Physical abuse can include a range of abuse from a slap to a shooting. The degree of harm committed by the defendant will play a large role in the severity of the penalties. You should be aware that even passive acts like failing to get medical treatment may qualify as physical abuse.
- Sexual Abuse. Sexual abuse occurs when one person in the domestic relationship forces the victim into sexual contact or sexual penetration. Sexual abuse frequently appears as marital rape, sexual demeaning acts, various forms of sexual harassment and lewd conduct, and other forms of sexual contact.
- Psychological and Emotional Abuse. Psychological abuse can be very difficult to prove and yet can be the most damaging form of domestic abuse. Psychological abuse usually occurs as a pattern of behavior that may involve intimidation, threats, isolating conduct, and other emotional abuse. Often, victims of psychological abuse are not even aware that they have been victimized.
- Economic Abuse. As another subtle form of domestic abuse, economic abuse typically takes place when the abuser asserts dominance over the victim by withholding financial support for things like medical care, food, shelter and other necessities.
- Stalking. This is one of the most common forms of domestic violence. An individual engages in stalking by spying, harassing, or otherwise watching the victim. Stalking is usually intended to intimidate the victim and coerce certain behaviors. Cyberstalking is a rapidly rising form of abuse.
Who Are Victims of Domestic Violence
There are many possible victims in a domestic violence case in addition to a spouse who has undergone abuse. Generally, a victim can include anyone regardless of age, sex, education level, sexual orientation, religion or even type of relationship. The common thread in domestic violence is that the abuser and victim share some form of relationship, whether they are spouses or roommates. Boyfriends and girlfriends in a dating relationship can be accused of domestic violence. Depending on where the domestic violence takes place, it might be possible to hire a personal injury lawyer in NYC to help you get compensation, through homeowners insurance etc.
A distinguishing feature of domestic violence cases is that they usually involve a protective order. A protective order generally orders one party to stay away from another given a reasonable belief that harm may arise if the parties are not separated. The subject of a protective order may be ordered to stay a certain distance away and may be forced out of the family home. Protective orders carry weight because a violation of such an order may equate to jail time. Some common forms of protective orders include:
- Temporary Protective Order. In a domestic violence case, the police are generally called to a complaint brought by the victim against the alleged abuser. The situation is usually very heated and tense. Given the possible threat of physical violence and harm, the victim may seek a protective order before it is possible for a court to determine the reasonableness of the fear. In these cases, the court may order a temporary protective order. This will order the alleged abuser to stay away for some temporary duration of time giving the court time to sort out what happened and to determine if a final order of protection is appropriate.
- Final Order of Protection. If the court has enough to make a determination, the court may issue a final order of protection. Unlike the temporary protective order, a final order may last for several years depending upon the severity of the allegations. In addition, the victim that originally sought the protective order may seek extensions whenever the expiration date nears. Generally, a protective order may include provisions addressing types of contact that the abuser cannot engage in such as calls or texts, an order to stay a certain distance away from the victim, and even an order for the abuser to move out of the home if shared with the victim. It is also a common feature of such orders to require the abuser to surrender any firearms he or she may have in possession. If children are involved, the protection order may address how child visitation and custody are managed.
Contact a New York Domestic Violence Attorney
If you have any questions about a domestic violence charge or how a protective order affects you, you will want to contact an experienced attorney. Schedule a free consultation with New York domestic violence lawyer Frederick L. Sosinsky by calling (212) 285-2270. Domestic violence is a very serious charge and a protective order can affect every facet of your life. You deserve experienced counsel. You don’t have to fight alone.