Bronx Domestic Violence Lawyer
New York is dedicated to the eradication of domestic violence in all its forms. As a result, whenever the state accuses a person of an incident involving domestic violence, the prosecutor will often ask for the court to impose a protective order. These orders can prevent a person from returning home, seeing loved ones, or even performing their jobs.
A Bronx domestic violence lawyer could defend someone against the underlying criminal charges and the restrictive protective orders that can follow. It is important for anyone facing these allegations to fight back at every opportunity, and a seasoned criminal defense attorney could help do just that.
Domestic Violence and Bronx Protective Orders
An important part of a domestic violence case is the prosecutor’s ability to ask the court for a protective order. According to the Family Court Act §154-d, the prosecutor has this option during an initial hearing in the court, so it is essential that someone facing these allegations is prepared to defend themselves early in the case.
The prosecutor can argue that the defendant is a threat to the continued well-being of the other person. They can ask that the court prohibit contact between the two parties, require the defendant to move out of their home, and limit areas where they can travel. This can have catastrophic effects on a person’s family life and career.
Relationships that Are Considered Domestic
Unlike many other states, New York does not have a crime in its penal law called domestic violence. Instead, domestic violence is a descriptive term used to define a criminal act committed against a household member. Therefore, whether a crime counts as domestic violence is solely determined by the identity of the accuser.
The term that the state uses to define a person affected by domestic violence is a household member. This extends beyond the traditional definition of a family member. According to the Family Court Act §812, a household member includes:
- A person related by blood
- Any person with whom the defendant has a child in common
- Any person with whom the defendant has now or has ever had a romantic relationship
- Any person with whom the defendant now lives with or has ever lived with
This expansive definition catches many people by surprise. They may be shocked to learn that assaulting a roommate can be treated as an incident of domestic violence. A Bronx domestic violence lawyer could help someone understand why their case is marked as an incident of domestic violence, and what steps and strategies could be taken in their defense.
Let a Bronx Domestic Violence Attorney Help
The consequences of domestic violence can be severe. Not only could a person need to serve the sentence for the underlying criminal charges, but any protective order could drastically affect their quality of life. It is essential that anyone facing these allegations take precautions to protect themselves early in the case.
A Bronx domestic violence lawyer could provide an advantage. They work with people from the earliest hearings in their case to protect their freedom and rights. Contact an experienced attorney immediately and let them get to work for you.