Domestic Violence Lawyers
Hudson Valley courts take allegations of domestic violence very seriously. A domestic violence conviction can result in jail time, fines, orders of protection, loss of child custody, and can have a serious impact on your personal and professional life.
We understand how serious domestic violence allegations can be. McCabe Coleman Ventosa & Patterson PLLC are prepared to help you understand your rights and prepare a strong defense for the accusations you are facing.
When you have been accused of a domestic violence offense, it is extremely important to reach out to a Hudson Valley domestic violence lawyer as soon as possible. Do not try and navigate the legal system without the support and advocacy of an experience criminal defense lawyer. Trying to defend your own rights will be ineffective and counterproductive, likely leading to life altering consequences such as jail time, heavy fines, and a permanent criminal record.
As a former Senior Assistant Public Defender, John Ventosa understands how serious domestic violence cases are in New York state. He also understands just how important it is for those accused of domestic violence crimes to have a dedicated advocate who can help to build a strong defense.
There are two sides to every story, and we are prepared to tell and defend yours. We’re dedicated to protecting your future, freedom, and reputation and have the necessary experience to do it well. Our attorneys can advise you about the criminal dimensions of your situation and offer the most effective ways to approach a domestic violence charge.
In certain situations, New York law requires mandatory arrest. There are numerous factors that must exist for a mandatory arrest. Otherwise, arrest is up to the discretion of the officer when there is probable cause to believe that domestic violence has occurred.
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Understanding Domestic Violence Offenses in New York
As the New York State Office for the Prevention of Domestic Violence explains, domestic violence is defined generally as “a pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.”
Domestic violence is not limited to physical violence. It can include allegations of “physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.” Given that the definition of domestic violence-related behaviors tends to be broad, it is possible to be wrongly accused of a domestic violence offense.
Domestic Violence charges are extremely serious offenses. If you are being investigated for a domestic violence crime or have been charged with a domestic violence offense, you should discuss your defense with a criminal defense lawyer in New York as soon as possible.
Domestic violence applies to crimes between members of the same family or household which includes those who:
- are related by consanguinity or affinity
- are formerly married
- have a child in common
- have been in an intimate relationship even if not living together
New York Domestic Violence Penalties and Your Criminal Record
If you are arrested and charged with a domestic violence offense, it is essential to contact a domestic violence defense lawyer to help with your case.
Depending on the type of domestic violence offense you are charged with, the penalties can vary. Many domestic violence offenses are indictable crimes, which can carry a term of imprisonment. Even if you are convicted of a simple violation, the conviction can have serious consequences.
Most individuals who are charged with Domestic Violence offenses receive an Order of Protection in favor of the complaining witness as early as the arraignment. Orders of Protection should be taken extremely seriously, as non-compliance can result in additional criminal charges.
Additionally, it is not uncommon for a vengeful protected party to wield an Order of Protection as weapon. Unfortunately, an Order of Protection only works one way: it prevents the protected party from being contacted by the defendant. Nothing prevents the protected party from contacting the defendant. Therefore, defendants in domestic violence cases who have been issued orders of protection must be extremely careful not to answer text messages, phone calls, or other forms of communication from the protected party – to do so would be to commit an additional crime.
Even if you are not facing specific criminal charges but are facing a possible Order of Protection, it is important to understand that such an order can impact your ability to see your children, and it can change your relationship with your family members and friends. Violating a restraining order — even if you do not believe it was issued legitimately — can result in criminal corrections, substantial fines and jail time.
If you have received, or may receive, an Order of Protection, it is important that you have the right legal advice so that you do not receive additional criminal charges. The attorneys at McCabe Coleman Ventosa & Patterson, PLLC are well-versed on the laws surrounding Orders of Protection and can give you the advice you need to stay out of trouble. Call us today for a free consultation.