How Are Domestic Violence Cases Handled In New York?

While domestic violence has long been a problem throughout the country, allegations of domestic violence have increased dramatically in part due to living conditions caused COVID-19 lockdowns. Lawmakers and law enforcement alike have faced increased pressure to treat those charged with domestic violence swiftly and harshly. While domestic violence should always be treated seriously, in their zeal to prosecute, the legal system has also disrupted the lives of those who have been falsely accused of domestic violence. If you are facing charges of domestic violence in New York, the representation of a New York domestic violence lawyer is critical.

What is Considered Domestic Violence?

There is no one crime defined by the term domestic violence in New York. Instead, it is a term that includes a group of crimes that involve individuals who are closely associated, either in romantic relationships, living arrangements, or members of the same family. Domestic violence can include crimes that range from stalking and harassment to rape and murder.

What Happens When Law Enforcement is Called to a Domestic Violence Incident

The state of New York has what are called “mandatory arrest” laws. When police are called to a domestic violence incident, and they believe that they have reasonable cause to believe that a crime has taken place, they are required to make an arrest.

In the case of mandatory arrest, they must make an arrest regardless of whether the accuser wants to pursue charges or not. One exception to the mandatory arrest laws is when both people are alleged to have committed misdemeanors against one another. In those cases, the police have to identify the “primary aggressor” and arrest only that person.

After the Arrest

After the arrest has been made, the officers will transport the accused to the police station, where the arrested individual will be booked. At this point, the accused should be allowed to contact a New York domestic violence lawyer.

An arraignment typically takes place within 24 hours of the arrest, when a judge will detail the charges and decide whether the defendant will be released on their own recognizance, placed on Supervised Release with or without a GPS ankle monitor, or held in custody on bail. There is often an order of protection issued in which case the defendant may not return to the home or or otherwise have any contact with their accuser.

False Charges Can Ruin Reputations and Futures

Unfortunately, many defendants get caught up in false domestic violence charges in mandatory arrest scenarios. Arrests and charges of domestic violence can not only require that an individual stay away from their home and children, but they can follow an individual around for the rest of their lives, wreaking havoc on their reputation, their career, and their future.

If you have been charged with domestic violence in New York, the skilled and experienced representation of the best domestic violence lawyer possible is essential. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

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