Generally, New York categorizes a case as being domestic when the alleged offender and victim are related to each other, are married (or formerly were married), have a child in common, or have been, at any time, engaged in an intimate relationship. When a case is labeled a "domestic violence" case, a number of significant laws are triggered.
Immediately, a responding police officer is now required to make an arrest in most instances when he or she has reasonable cause to believe that a domestic offense has been committed. The officer may not forgo the arrest simply because the victim does not want to "press charges."
Further, domestic cases are in many courts docketed to appear on a separate domestic violence calendar, where different punishment may await the alleged offender. Finally, periods associated with Orders of Protection and Adjournments in Contemplation of Dismissal are longer for domestic cases.
It should be noted that domestic violence cases need not involve actual violence. It is simply a classification of cases wherein the alleged offender and victim have a unique type of relationship.
Significantly, domestic cases invariably involve the issuance of an Order of Protection, which is known in other states as a restraining order. And Order of Protection is a Court Order that directs the alleged offender to stay away from, and have no contact with, the victim. No contact means, NO contact. Even texts and phone calls are barred.
The Law Office of William J. Reddy is well versed in this area of law and has extensive experience defeating criminal cases, such a criminal contempt, where the subject crime involves the alleged violation of an Order of Protection. Moreover, Mr. Reddy is skilled in providing the right kind of advice so that his clients avoid any subsequent arrests for violating an Order of Protection.
When an individual is arrested for a domestic violence charge, even if the alleged victim does not wish to file charges or move forward with a criminal case, it will be left to the sole discretion of the prosecutor to determine whether or not charges will be pursued. In such cases, if you or a loved one are officially charged with domestic violence you could be facing anywhere between 1 year in jail up to 25 years in state prison if you are convicted. Severity of the domestic violence and whether or not the defendant has a history of domestic violence convictions weighs heavily when determining prison time.
Your best defense is to consult with a Rockland County criminal defense attorney from the Law Office of William J. Reddy so that my firm and I can rapidly evaluate your case, review the charges against you and determine the exact legal options available.
Domestic violence is a serious offense. If you want an attorney who will aggressively fight for your rights and freedom, I advise you seek legal counsel from my firm immediately. Having been in practice for over 15 years, I have a very strong and successful track record for defending my clients from criminal charges. I am a former Senior Assistant District Attorney so understand the various aspects of criminal defense cases. This allows me to provide additional insight when evaluating and reviewing cases and when building a compelling case for your defense.
If you or a loved one have been arrested or are facing domestic abuse charges, you need to contact a Rockland domestic violence attorney at my firm today.