How Does New York State Law Define Domestic Violence?

In New York State, domestic violence charges involve Assault or Harassment in the Second Degree between individuals related by blood or marriage, individuals who were formerly married, individuals who are unrelated but have a child together, or individuals who are unrelated and who are or have been in an intimate relationship.

How Do Police Determine Who The Aggressor Is in A Domestic Violence Situation?

When domestic violence is reported, the police will attempt to determine the identity of the aggressor by interviewing the people involved, as well as any witnesses. New York State has mandatory arrest laws requiring the police to make an arrest when they have reasonable cause to believe that the person has committed an act of domestic violence.

What Charges Will I Face If I Am Arrested In A Domestic Violence Scenario?

Depending on the degree of injury and whether or not a weapon was used, someone accused of domestic violence could be charged with some level of Assault or Harassment in the Second Degree. If there was an Order of Protection already issued for the alleged victim, then the charges could include misdemeanor or felony Criminal Contempt.

Is An Order Of Protection Automatically Put In Place After A Domestic Violence Arrest?

While an Order of Protection is not automatically put in place after a domestic violence arrest, in most instances of alleged domestic violence the judge will issue an Order of Protection in favor of the alleged victim at the arraignment.

What Are The Penalties For A Domestic Violence Conviction In New York State?

Just like any offense, the penalties for domestic violence cases in New York State depend on the level of crime for which the person is convicted (i.e., felony, misdemeanor, or violation).

What Happens If An Alleged Victim Recants Allegations Of Domestic Violence?

If the alleged victim goes to the prosecution and changes their story, the charges could be dismissed. Alternatively, this could result in a favorable plea offer. If the alleged victim refuses to assist in the prosecution in any way, the case will eventually be dismissed on speedy trial grounds.

For more information on Domestic Violence Offenses In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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