In New York, domestic violence between couples increases the odds of additional cases. If the couple is married, the cases could include divorce or an exhausting child custody battle. A Criminal Defense Attorney Rockville Centre NY helps defendants facing domestic violence charges.
A Spouse is Charged with Domestic Violence
After an altercation, either spouse has the right to file domestic violence charges if they were injured. The victim has the choice to call officers to the scene to conduct an investigation, or the victim can come to the precinct and file formal charges. If both parties cause injuries, both parties have the option to file charges.
Restraining Orders and Protection
Restraining or protection orders are issued when a victim is at risk. If their aggressor will not stay away from them, the court intervenes and provides a protection order. The court order states stipulations that the accused must follow.
Why It is Urgent that the Accused Follows the Rules
A common question asked by defendants is, “What happens if the protection order is violated and will it count against me?” The answer is that, if the defendant violates the protection order, they face another arrest and new criminal charges. All defendants are advised to follow the exact orders and do not contact the victim for any reason. If the parties have children, a third party is needed to arrange visitation and direct questions toward the victim about the children.
The Effects of a Conviction
A conviction for domestic violence affects the defendant beyond their immediate future. If they are convicted, the defendant could face at least a year in jail. The conviction presents issues when the defendant seeks employment after their release. It could also play a vital role in a corresponding divorce case that affects the odds of getting child custody.
In New York, domestic violence is a classification for threats or bodily harm connected to individuals in the same household. The crime’s classification increases the penalties that apply to a convicted defendant. Any party that is arrested for domestic violence can contact a Criminal Defense Attorney Rockville Centre NY through Simon & Milner or visit us website right now.
