At Tilem & Associates, we have handled many cases in which domestic violence was alleged against our client. There is no singular crime titled “domestic violence”, but rather a broad expanse of crimes that occur from one partner’s acts against the other. The accused and the victim need to have been in an intimate relationship, either currently or in the past for the case to be handled as domestic violence charges. Our experienced team of New York attorneys can help you with your domestic violence case, regardless of which criminal charges are involved.
Intimate partner relationships include all kinds of close relationships, including people who have been legally married or divorced, people who have a child together, blood relatives as well as relatives by marriage, as well as people who are unrelated who have or currently live together for periods of time as well as those an in a current or former relationship. The relationship between the two people involved does not have to be sexual in nature and does not have to be currently ongoing for domestic violence charges to apply to the situation.
Criminal domestic violence cases usually begin when one partner reports the other for committing some act against them. While multiple acts are listed by name, like assault, harassment, reckless endangerment, sexual abuse, stalking, coercion or threats, any violation of the penal law can be charged in the domestic violence unit. New York State has a mandatory arrest order for any domestic violence cases, meaning that if one partner is choosing to press charges the aggressor will be arrested if a felony has been committed or if a person disobeys an order of protection by making contact or committing a family offense crime.
If there is no order of protection in place and the crime that was committed was a misdemeanor, the police do not have to arrest the aggressor if the victim requests that they do not. The police are allowed to ask the victim if they wish to press charges or make the arrest even when the arrest is not mandatory. Most times, once police are involved or if an arrest has been made, the victim can request a temporary order of protection. This order is given a specific end date unless reason is shown by the victim that the order needs to be extended.
These charges will be handled in the domestic violence part of the courts, not the general criminal or family part. In this type of situation, the victim does not participate in the case except for as a witness, but the accused will be processed as if in criminal court. If the accused is convicted following the court proceedings, the temporary order of protection will become a permanent order from the court. If you are dealing with charges that have been moved to the domestic violence part, call our experienced team of New York attorneys now to make sure that you have a team on your side to fight for you and your rights.