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New York City criminal defense attorney domestic violence

In New York State, “domestic violence” is an umbrella term used to define a wide range of crimes between members of the same family or household. Although the term domestic violence is used broadly, there is no mention of it in New York State law. Domestic violence, being a broad subject, applies to any of a person’s actions intended to control or harm a family member or someone with whom he or she is in an intimate relationship. New York courts refer to these crimes as “family offenses,” which all have corresponding definitions according to the Penal Law. These crimes include but are not limited to:

  • Assault

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New York City criminal defense attorney order of protection

If you are accused of domestic violence, your accuser may decide to file for an order of protection against you. Should this happen, it is important to understand what the criminal consequences of the various protective orders are, what you can and cannot do because of them, and under what circumstances you can contest them. Domestic abuse is difficult, emotionally turbulent terrain, and if you are ever accused of such, you should contact an experienced domestic abuse lawyer immediately. With professional legal help, you may be able to protect your rights, lessen any charges, and receive or retain fair custody or visitation rights of any children you may have.

Orders of Protection in New York

Orders of protection can be issued by a Judge in a Family Court matter or a Judge in a Criminal prosecution. In a criminal prosecution, the court issues the order of protection against the defendant charged with committing a criminal offense. The parties may or may not be known to each other. In a Family Court matter, the parties must be known to each other and the order of protection can be filed from one person to another if their relationship is spousal, if they share a child, if they are related or married, or if their relationship can be qualified as “intimate.” In this case, intimate does not relate to sex, and can simply include a longstanding history.

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