New York Domestic Abuse Defense Attorney
Domestic abuse is a serious matter and a huge problem in an alarming number of relationships. As such, it is handled differently by law enforcement than other offenses. Unfortunately, false or exaggerated claims are not rare. People suffer needless consequences as a result and legitimate victims of domestic violence are done a disservice.
At the Brill Legal Group, our team of professionals is not afraid to take on your domestic violence case, nor will we judge you for it. Our main motivation, unlike that of the legal system that is stacked against those who have been charged with these crimes, is to help you and your family and to protect your right to due process and a fair trial.
What is domestic violence?
The U.S. Dept. of Justice defines domestic violence as a crime of violence committed by a person who is a current or former spouse, intimate partner or cohabitant of the victim, a person with whom the victim shares a child, or another person protected by domestic violence laws. It can range in severity from a misdemeanor to a serious felony, with criminal consequences to match.
Common types of domestic violence:
- Physical abuse—hitting, punching, kicking or otherwise causing physical harm.
- Sexual abuse—rape, assault, forced prostitution or using sex to harm, exploit or manipulate.
- Psychological/Emotional abuse—gaslighting, intimidation, control of victim or otherwise using their feelings to hurt the victim.
- Verbal abuse—threats, blame, name-calling, shouting, etc.
- Financial abuse—withholding, controlling or carelessly spending money of the victim or affecting their ability to work or earn money.
One of the legal system’s intended aims is to protect people from harm, especially those who are particularly vulnerable such as children. It is this desire which leads to the general “arrest first, ask questions later” approach to domestic violence cases. The violent nature of these crimes and the fact that they typically occur in the privacy of the home, without witnesses or hard evidence, means that those accused of domestic violence are not always afforded the presumption of innocence that is a hallmark of American justice.
Why false accusations are made
Relationships sour and they do not often end amicably. Passion can cloud judgment. When there is significant conflict between current or former partners, emotions run high. An episode of domestic violence could be an isolated event in response to extreme circumstances or a matter of self-defense. It could also be fabricated in an attempt to do harm.
One of the most common motivations for making a false allegation of abuse is to gain leverage in a divorce or child custody case. The accuser may also be seeking revenge or have substance abuse or mental health issues that affect their actions. Victims of abuse may gain the sympathy of friends and family as well as the courts and domestic violence charges carry serious consequences for the accused. It is, unfortunately, an easy way to hurt someone.
We have seen many different reasons for this to happen and innocent people suffer. Although these situations are very personal, we at the Brill Legal Group have the understanding and experience to help.
What happens after an accusation of domestic abuse?
The ramifications of domestic violence can be devastating in the short and long term. There is the shame and embarrassment of being accused of a violent crime, especially one against a woman or child. Where civil proceedings are involved, an allegation of domestic abuse can seriously affect divorce or custody settlements.
At Brill Legal Group we deal only with criminal cases, so our main concern is helping the accused through criminal court system, which is eager to convict. Domestic violence carries serious penalties including jail time, fines, or mandated counseling and anger management classes.
After any type of domestic abuse incident, a judge will likely issue a temporary order of protection (also known as a restraining order) which states that the accused may have no contact with the victim and/or minor children for some period of time, at least until an initial hearing but often for the entire time the case remains in court. It may also require the accused to leave the family home and find a new place to stay. This can be especially difficult for the children who are involved.
A full stay away order also puts a person at risk for more legal trouble, as violating the order is another serious offense and often results in automatic jail time. One of the ways the Brill Legal Group can help in this situation is to convince a judge that an order of protection is unnecessary so that the accused may return home or see and speak to their children. We understand how high the stakes are for those involved.
Defending against claims of domestic violence
At this difficult and emotional time, the most important thing to do is to stay calm. Even when there are attempts to escalate a situation or cause further harm it is essential to not react as this can only make a domestic violence case worse and hurt you in court. Be sure to follow the terms of any mandates. It is likely that your accuser is eager to see you make a mistake or violate an order.
It is also wise to speak with an experienced defense attorney immediately who can help you fight your domestic violence charges. Again, the justice system is stacked significantly in favor of the victim, sometimes at the expense of the accused. Having an expert in your corner will help you feel less alone, especially throughout such an isolating experience.
Contact us today for a free consultation. We are available 24 hours a day, 7 days a week, and 365 days a year. 888-315-9841