call us646-580-6675

Manhattan Office  |  Westchester Office

Subscribe to this list via RSS Blog posts tagged in domestic violence

NYC domestic violence defense lawyerSince March 2020, stay-at-home orders in New York and throughout the United States and the rest of the world due to the COVID-19 pandemic have meant that many families are spending more time in close proximity to each other than ever before. Unfortunately, many experts report that along with this increased togetherness has come an increase in reported cases of domestic violence. If you have been accused of domestic abuse during this difficult time, you need an attorney who can help you understand and protect your rights.

Why Are COVID-19 and Domestic Violence Connected?

Domestic violence is a widespread problem even under normal circumstances, with the Centers for Disease Control reporting that 1 in 4 women, 1 in 10 men, and 1 in 7 children have been victims at some point in their lives. Stay-at-home orders and other aspects of the COVID-19 pandemic have exacerbated many of the factors that often lead to domestic violence, including economic anxiety related to unemployment, as well as stress, depression, and other mental health challenges. Those who experience abuse may also have fewer safe places to escape to during the pandemic, and some experts suggest that domestic violence is even more widespread than we know, as victims may struggle to find a way to seek help without their abusers interfering.

Defense Against Domestic Abuse Charges in New York

Domestic violence is certainly a problem during this time, but even as reports increase, it is important to note that not all alleged abusers are guilty of the accusations they face. If you have been charged with harassment, assault, or other crimes related to domestic violence, an experienced criminal defense attorney can work to ensure your fair treatment in court and the New York criminal justice system. Depending on the situation, we can help you build a defense based on an argument that the allegations against you lack sufficient evidence, or that you were acting in self-defense.

...

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

    ...

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.

...
Back to Top