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 abuse, the prosecutor often asks 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 may follow. It is important for anyone facing these allegations to fight back at every opportunity, and a seasoned criminal defense attorney from the Law Offices of Jeffrey Lichtman could help do just that.
What Behaviors May Result in Domestic Violence Charges?
Any threats or acts of violence against household members may constitute domestic abuse. As such, there is a collection of criminal offenses that typically fall under this category. Some of these behaviors include assaults, reckless endangerment, menacing, disorderly conduct, and sexual abuse. When police make an arrest after a suspected crime involving family, they may mark that case as one involving domestic violence. An attorney in the Bronx could help someone facing domestic violence charges.
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. A Bronx attorney could help someone facing domestic abuse charges prepare for a potential protective order.
Can a Protective Order Become Permanent?
A protective order serves to keep the alleged victims of crimes free from harm while a criminal trial comes to a conclusion. Whether or not these orders have an effect at the conclusion of a trial depends on the outcome of that case.
Of course, if the case ends with a not-guilty verdict, the protection order will no longer be in effect. However, if the allegations result in a finding of guilty, the criminal court has the power to extend these orders for up to one year. If the alleged victim still feels unsafe, that person can apply for an extension. A Bronx lawyer could help to fight back against the imposition of protective order after being accused of domestic violence.
What are the Consequences for Violating a Protective Order?
Protective orders are issued through the criminal court. This means that people currently awaiting trial must follow these orders exactly as they are written. A violation of a protective order could have disastrous consequences.
As applied to a person’s principle case, violating a protective order could see the revocation of bail and an individual may need to await their trial in jail. In addition, violating a protective order may constitute contempt under the law. Contempt may result in new criminal charges in addition to those in the original case. Finally, violation of a protective order could result in the loss of custody or visitation privileges if the respondent has children. A Bronx lawyer could help someone understand their obligations under criminal protective orders following a domestic violence case.
Relationships that Are Considered Domestic
Unlike many other states, New York does not have a crime in its penal law called domestic violence. Instead, this crime is a descriptive term used to define a criminal act committed against a household member. Therefore, whether a crime counts as household violence is solely determined by the identity of the accuser.
The term that the state uses to define a person affected by domestic abuse 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 household violence. A Bronx 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.