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Long Island Domestic Violence Defense Attorney
Serving Hempstead, New York, and Hauppauge with Orders of Protection for Over 10 Years
A domestic violence accusation can result in restraining orders, fines, probation, orders of protection, violations of orders of protection, loss of visitation rights, loss of child custody, loss of a job, exclusion from your residence, and jail time. Often, an accused individual is presumed to be guilty.
The police will arrest and take a violent person into custody. Under New York law, it is “mandatory,” even if the person alleging domestic violence does not want to pursue charges. Even if a girlfriend, boyfriend, husband, wife, child, or any other family member states that they want to drop charges, the accused individual may now be in a more serious predicament and need an experienced domestic violence attorney to help them navigate the next steps.
Can Your Significant Other Be Arrested in Long Island, NY, for Domestic Violence Right Away?
If Long Island police respond to a domestic violence call and are asked not to make an arrest, they can not undo this operation. The law states that in an intimate partner relationship, the police must arrest if the following has occurred:
- An offensive individual committed a felony.
- The offensive individual disobeyed an order of protection and made direct contact when a stay-away order was in force.
- The offensive individual did not obey an order of protection and committed a family offense crime (also referred to as a domestic violence crime). For a list of common offenses, click here.
However, Long Island police officers do not have to arrest if no order of protection was in place and the abuser committed a misdemeanor crime. Mandatory arrests are not always instantaneous. Police can often arrest an abuser later on if the abuser has left before they arrive. In responding to a domestic violence call, police must also provide victims written notice of their legal rights.
Who Can Be Named in an Order of Protection in New York?
An individual who commits a family offense may also be named in an order of protection, often referred to as a restraining order.
Typical members of the same household or family include:
- Current spouses or ex-spouses;
- Co-parents of a child or children, whether they are or have ever been married or lived together;
- Individuals currently in or have been in an intimate relationship, whether or not they have lived together;
- Other family relatives; and
- People who have biological or adopted children.
What Happens if the Long Island Police Contact You Regarding a Domestic Violence Complaint?
The police may call and need to speak with you to understand the full scope of the situation. You may be questioned and arrested, depending on the situation. Contact us at the Brill Legal Group immediately if you are unsure about your legal rights. We are here to protect your rights, help gather evidence that may prevent you from being arrested, and represent you in court.
We are skilled negotiators and prepare every case carefully. It is possible to have a domestic violence case dismissed. If dismissal is not attainable, we will look into alternative solutions, such as fighting to reduce charges for noncriminal offenses of disorderly conduct or harassment. Each individual’s domestic violence charges differ from one another, which is why hiring an experienced long island criminal law attorney will help you through your difficult time. Our attorneys ensure that clients are always informed of their legal rights and options.
The Brill Legal Group defends individuals for any domestic or family violence crime you may be charged with, including:
- Sexual misconduct
- Unlawful dissemination or publication of an intimate image
- Disorderly conduct
- Forcible touching
- Sexual abuse
- Harassment or aggravated harassment
- Assault or attempted assault
- Identity theft
- Reckless endangerment
Why You Need A Long Island, NY Domestic Violence Attorney To Handle Orders of Protection
We understand that complete stay-away restraining orders of protection can create complex, uneasy situations. You may not see your kids anymore, need to pick up your belongings, or go to your house with a court order.
When dealing with court orders of protection, we strive to assist you in various ways, such as:
- Determining alternatives. A NY judge may issue a court order that states a specific date and time that the offensive individual can obtain their belongings safely while abiding by the standing order of protection. A police officer may be able to escort the individual to ensure that safety is secured for all parties involved
- Asking a family court judge to grant visitation rights. If children are included in a protection order, an offensive individual may need to be wary of how they can obtain their personal belongings, such as important documents, clothes, trinkets, and other personal items. If a person wants to visit and see their kids grow up, an experienced domestic violence attorney must handle this in a civil court.
- Attempting to terminate or reduce order to a limited order of protection. This can allow the offensive individual to be around the person named in the order, provided they do not assault, harass, menace, or threaten them in any way.
What Long Island, NY Protection Orders May Cover
A judge issues different protection orders to protect someone from being abused, intimidated, harassed, or threatened.
Protection orders can be limited or full:
- Family court order of protection – issued as a part of a civil proceeding to stop violence within a family or in an intimate relationship.
- An Assistant District Attorney can request a criminal court order of protection. No intimate or family relationship is required for an individual to be charged with an offense.
- A Supreme court order of protection – can be issued as part of an ongoing criminal proceeding or in a divorce. The request can be made in writing or orally.
- A temporary order of protection – filed and issued the same day. It will last until the next court date. If a party wishes to extend the temporary order of protection, an attorney can help.
- A final order of protection – is issued in a family or criminal court once a conviction is reached.
- Full order of protection – subject to terms in the document, the named subject must stay away from the named individual, their job, home, and school. They may not harass, threaten or abuse them.
- Limited order of protection – allows the subject of the order to stay in contact with their family member, but they cannot abuse, threaten or harass them.
What Happens If There is a False Accusation of Domestic Violence in Long Island?
False accusations of domestic violence happen for various reasons, and they can cause tremendous harm to the accused. A defendant must discuss domestic violence accusations with a skilled Long Island domestic violence attorney at the Brill Legal Group. We have an outstanding track record of exposing these allegations and successfully defending those accused of family/domestic violence. We have extensive experience spotting inconsistencies and contradictions in an alleged victim’s story. We have proven their accusations were false, and the accused got their life back.
If a case is filed and the police are involved, a person will be unable to withdraw the case. A prosecutor may listen to what the alleged states, but the case will likely continue until a verdict is reached. It’s crucial to speak with an experienced defense domestic violence lawyer to understand the best way to navigate a violent domestic situation.
If you try to tell the police about your story, they may not be willing to help or believe you are retaliating against your victimized family member. Let us help you understand your legal rights and fight on your behalf. You deserve to be heard and to obtain a fair solution.
Are You Facing Domestic Violence Charges in Long Island, NY? Contact Brill Legal Group Today
Being charged with a domestic violence offense is not a walk in the park. You need a seasoned Long Island domestic violence attorney to make the best of a bad situation. The Brill Legal Group has a solid track record of delivering exemplary client results.
Since 2012, Peter Brill has been designated by Super Lawyers as one of the top criminal defense practitioners in the New York metropolitan area, a rare distinction. Approximately three percent of American lawyers are board-certified, and Peter Brill has proven competence in his specialty area and earned board certification.
Domestic violence accusations can derail your life completely. The allegations can harm your reputation, and if you are convicted, your criminal record may make it hard to find employment. Contact the experienced criminal defense attorneys at the Brill Legal Group. Call us today at 212-233-4141.
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