All posts in Domestic Violence

Domestic Violence Laws in NY

Although people typically think of domestic violence as physical violence between two adults in an intimate relationship, the truth is that its parameters are much broader. Domestic violence cases can involve different types of abuse beyond just physical, including emotional, financial, sexual, and psychological abuse. In addition, a case of domestic violence can be abuse directed towards anyone with whom an individual has a personal relationship, such as a spouse, child, roommate, or sibling.

Possible Consequences of Being Convicted of Domestic Violence

If an individual is accused of domestic violence, the consequences may be severe. There is potential for jail time as well as fines if the individual is convicted. In addition, a restraining order may be filed against the person convicted of domestic violence resulting in subsequent penalties and restrictions. Ultimately, severity of the penalties is assessed on a case-by-case basis and the outcome depends on the severity of the abuse. It is possible, in a domestic violence case, to be convicted of a misdemeanor for assault resulting in up to a year in prison and a fine of up to $1,000. However, if the alleged crime is serious enough, the defendant can be charged with a felony, leading to up to 15 years in prison and a fine of up to $5,000.

The Integrated Domestic Violence Court

In New York, as in most states, domestic violence cases are not taken lightly. In fact, there is a special court, the Integrated Domestic Violence (IDV) court, which deals specifically with domestic violence cases. There are also special unit teams in law enforcement that deal specifically with these cases. The purpose of the IDV court is to give individuals who are victims of domestic violence an easy, one-judge method for resolving their difficult situations. The majority of the cases that the IDV court handles deal with familial cases, especially regarding custody or visitation of children.

False Accusations

Because domestic violence cases can result in an individual losing custody or visitation of children and/or having a restraining order filed against him or her, the nature of the alleged abuse is frequently misrepresented by the accuser. Some may see a domestic violence accusation as an easy way of distancing themselves from the accused, or attaining some other benefit, such as full custody of a shared child or children. Many people, including some judges, tend to take sympathy with the supposed victim in the case, even though it is entirely possible that the accused is the actual victim. Additionally, facts may be embellished, and the context and/or complexity of situations may not be fully conveyed.

Contact Us Today

Because of the possibility of fabrication or misrepresentation, it is important for someone who has been charged with a domestic violence case to seek legal counsel. As mentioned, the consequences of being convicted of a domestic violence case are serious and may have long-term effects, so it should not be dealt with lightly, even if you are certain that you are in the right. Call me, Jason Steinberger, at 646-256-1007 if you have been accused of domestic violence in Nassau, and I will be happy to represent you with your case. I have experience in helping clients navigate the complex laws involved with these sorts of cases and I will provide that same service for you. I can be reached anytime, 24/7, and will provide you with an initial consultation, free of charge, to help you understand your basic options.