Domestic Violence Defense Lawyer in Queens

Domestic violence allegations can have a profound impact on your life, affecting your personal freedom, relationships, child custody, and reputation. At Brill Legal Group, we understand the gravity of these charges and the emotional turmoil that accompanies them. Our dedicated team of New York criminal defense attorneys is here to provide you with the strong defense you need. We have extensive experience handling all types of domestic violence cases in Queens and are committed to fighting for your rights and freedom.

Understanding Domestic Violence Charges in Queens

Domestic violence charges are often based on the relationship between the parties involved rather than the specific nature of the alleged offense. In New York, domestic violence, encompasses a broad range of relationships, including:

• Blood relatives
• Married individuals
• Former spouses
• Individuals with a child in common
• Current or past intimate partners

These charges can arise from various allegations, such as assault, harassment, stalking, and more. The emotional intensity in these situations can lead to misunderstandings and exaggerated claims. Our role is to navigate these complexities and present a robust defense on your behalf.

A domestic violence charge may also result in an order of protection against you. These orders can severely restrict your freedoms, making it essential to challenge them effectively. At Brill Legal Group, we know how to address these issues and work towards minimizing the impact on your life.

The Importance of a Dedicated Domestic Violence Defense Attorney

Having a skilled domestic violence defense attorney is crucial when facing allegations in Queens. The legal system can be unforgiving, and the consequences of a conviction are severe, including the potential for incarceration, loss of employment, and damage to personal relationships. Our attorneys leverage their deep understanding of domestic violence laws and procedures to build a strong defense strategy tailored to your unique case.

For instance, if allegations stem from a heated argument that escalated or if you believe you acted in self-defense, we will thoroughly investigate the circumstances and gather evidence to support your case. Our goal is to expose any inconsistencies or biases in the prosecution’s case and ensure your side of the story is heard.

Navigating Orders of Protection in Domestic Violence Cases

When someone is arrested for domestic violence in Queens, a criminal court may issue a temporary order of protection. These orders can significantly disrupt your life, often requiring you to stay away from your home, place of employment, or even your children. Understanding the different types of orders and how they affect you is crucial:

1. Stay Away Orders: These orders demand that you maintain a certain distance from the complainant’s home, work, or school.
2. Refrain from Acts Orders: These orders prohibit you from committing any further family offenses or acts that put family members at risk.
3. Visitation Orders: These orders may outline specific visitation rights for parents, affecting how and when you can see your children.

Violating an order of protection can lead to additional charges, making it imperative to adhere to the order’s terms and seek legal assistance to challenge or modify it. Our domestic violence defense lawyers at Brill Legal Group are adept at negotiating with judges and presenting compelling arguments to minimize the restrictions imposed by these orders, helping you maintain as much normalcy as possible during this challenging time.

Bail and Pre-Trial Release in Domestic Violence Cases

One of the first concerns after an arrest for domestic violence is whether you will be able to post bail and avoid pre-trial detention. Staying out of custody is crucial for maintaining your employment, family responsibilities, and participating actively in your defense. However, New York’s bail reform laws have introduced complexities that can complicate this process.

For misdemeanor offenses, pre-trial detention without bail has been largely eliminated. However, domestic violence charges often fall into exceptions where cash bail or detention is still permitted. For instance, felony criminal contempt charges involving domestic violence allegations and certain violent felonies may still result in bail being set.

At Brill Legal Group, we have a thorough understanding of these bail laws and the discretion judges have in setting bail. We work diligently to advocate for your release by presenting less restrictive alternatives to pre-trial incarceration, such as electronic monitoring or supervised release. Our attorneys will ensure that, if bail is set, it is fair and reflects your circumstances.

Plea Agreements and Trial Defense

Not all domestic violence cases go to trial. Often, cases are resolved through plea agreements where the defendant pleads guilty in exchange for a reduced sentence or other concessions. This approach can provide certainty and mitigate the risks associated with a trial. However, deciding whether to accept a plea agreement is a personal decision that depends on the specifics of your case and your comfort level with the proposed terms.

Our domestic assault defense attorneys at Brill Legal Group are skilled negotiators who can secure favorable plea agreements by highlighting mitigating factors and presenting a comprehensive view of your character and circumstances. If a plea agreement is not in your best interest, we are fully prepared to take your case to trial. With extensive experience on both the defense and prosecution sides, we understand what motivates prosecutors and can craft a compelling defense strategy.

FAQs About Domestic Violence Defense in Queens

What should I do if I am served with an order of protection?

If you are served with an order of protection, it is crucial to comply with all its terms immediately. Violating the order can lead to additional criminal charges. Contact a domestic violence defense attorney right away to discuss your options for challenging or modifying the order.

Can I still see my children if there is an order of protection against me?

It depends on the specific terms of the order. Some orders of protection include provisions for supervised visitation or other arrangements that allow you to maintain contact with your children. An experienced attorney can help negotiate terms that consider your parental rights.

What are the consequences of a domestic violence conviction in Queens?

A domestic violence conviction can lead to severe consequences, including jail time, fines, mandatory counseling, and a permanent criminal record. It can also result in the loss of certain rights, such as the ability to possess firearms and difficulties in securing employment or housing. A strong defense is essential to mitigate these potential outcomes.

At Brill Legal Group, we are committed to providing comprehensive and compassionate legal representation for those accused of domestic violence. If you are facing charges in Queens, contact us today for a free consultation to discuss your case and explore your defense options.