In New York, domestic violence is considered a serious matter. The accused can either face false accusations or, when found guilty, pay hefty charges. For this reason, you need a domestic violence lawyer whenever you are confronted with such allegations.
Because the offense usually results in huge physical or emotional damage, it is advisable to get legal help as soon as possible. The lawyers will represent and guide you in every step.
This article will enrich you with more insights into how domestic violence is handled in New York and also give you more reasons for contracting a domestic violence lawyer.
What Constitutes Domestic Violence?
Domestic violence is any coercive tactics that include emotional, psychological, economic, physical abuse used by one person against another to control or maintain power.
However, there must be some form of an intimate relationship, whether past or present. For instance, it includes married couples, dating, people with children in common, people related by blood, or same-sex partners.
The legal crimes committed by the abuser include assault, harassment, strangulation, or stalking.
What will the Police do After Domestic Violence is Reported?
Once you inform the police about domestic abuse, they will report to the scene of the crime and make an arrest if they find probable cause. To discover this, they will look for alarming situations such as bodily harm or displaced furniture.
When making an arrest, they will not ask for permission from the alleged victim. The mandatory arrest law provides police with little discretion regarding the arrest. The police will then fill in a domestic incident report that shows what happened at the scene.
When Does the Order of Protection Apply?
The alleged victim enjoys the favor of order of protection to protect him or her against the accused. The order can be issued when an arrest is made, depending on the nature of the situation.
The order of protection bars the accused from accessing the home, school, or place of work of the victim. It does not matter whether the accused was living there.
Through this order, the accused should not communicate with the victim whatsoever. It also requires the accused to hand over any firearm possessed to the authorities.
How are False Accusations Handled?
Because of the privacy involved in domestic crimes, false accusations are bound to happen. To successfully argue your case well, it is important to consider having a legal representative who will unmask such allegations.
The lawyer will guide you in uncovering any inconsistencies that might deter justice from prevailing.
Domestic violence crimes follow a consistent procedure. However, the difference appears in how successfully the accused and victim’s lawyer will argue their points in court. This is why it is essential for all parties to fully understand their rights, especially when protection becomes a topic of concern.
The outcome of the case will highly depend on the defense of the accused. Having a top-notch attorney that will offer guidance is an essential process that the accused cannot ignore.