Domestic Violence Lawyer in NYC
Family offenses or domestic violence cases are taken with the highest level of priority. The laws are very strict that in addition to facing criminal prosecution, those who are found guilty may be named in a restraining order and prevented from coming near his family. Whenever prosecuted with a domestic violence, it is necessary that you have Domestic violence Lawyer in NYC. Our experienced defense lawyer in New York can help bring families together by getting false charge off any person’s records.
Who is considered to be part of one family? Under the N.Y. Family Court Act § 812, the following are considered as members of the same family:
- persons related by blood or marriage;
- current or former spouses;
- co-parents of a child, regardless of whether the persons have been married or lived together; and
- persons who are in or have been in an intimate relationship, regardless of whether such persons have ever lived together
An intimate relationship is defined and categorically declared by the court. It usually depends on the duration of the relationship, the type of the relationship, and the frequency of the couple’s interaction.
The category of family offenses come at various degrees. It may involve any of the following crimes:
- disorderly conduct;
- harassment in the first and second degree;
- aggravated harassment in the second degree;
- sexual misconduct;
- forcible touching;
- sexual abuse;
- stalking in the first, second, third, and fourth degree;
- criminal mischief;
- menacing in the second and third degree;
- reckless endangerment;
- criminal obstruction of breathing or blood circulation;
- strangulation in the first and second degree; and
- assault in the second and third degree and attempted assault.
The penalty for violation of a family offense depends on the severity of the crime. In the State of New York, the Class A misdemeanor is punishable by up to a year in jail and a $1,000 fine. A Class C felony, on the other hand, is punishable by up to 15 years in prison and a $5,000 fine.
Temporary Orders of Protection
While the case is pending, orders of protection may be issued by the court in order to protect the victim. A temporary order of protection may be issued on the own volition of the judge after hearing the case. There is no need to notify the offender prior to the issuance.
The temporary order of protection may have the following provisions, depending on the severity of the allegations:
- It may require the defendant to stay away from the victim;
- It may set a child visitation schedule for a parent;
- It may prohibit the defendant from committing criminal offenses against a family or household member or a child;
- It may also prohibit the defendant from committing acts that create an unreasonable risk to the health, safety, and welfare of a child or a family or household member;
- It may require the defendant to allow a designated person the right to enter the residence at a specific time to remove personal belongings; and
- It may prohibit the defendant from harming any pets kept by the victim or a child residing in the household.
Family Offenses Require Good Defense
Whenever prosecuted with a family offense, it is necessary that you have good defense. Our experienced defense lawyer can help bring families together by getting false charge off any person’s records.
All you should do to get the best defense is to call our telephone at: +(1) 347-763-93-96 or you may visit our office at 464 Ocean parkway, Brooklyn, NY 11218.