What Is Domestic Violence?
Domestic violence refers to disputes that erupt within households between family members that turn violent. It is broadly defined to apply to married and formerly married couples; those who are not married, but maybe living together; people who share a child in common; and those who have shared an intimate relationship– even if not living under the same roof.
Should I Call The Police If I’m A Victim?
It is always best to err on the side of being safe and secure. If you feel that you are in danger, you don’t really have a choice. No one wants to call the police on the person they love. The bonds are deep, and the love is strong. However, if it is unavoidable, that may be the only option. There are also a variety of programs in which you and your partner may participate in that may resolve the problem. Getting help, support, advise, and therapy may be a very effective solution to a healthy and violent-free relationship.
What If The Police Are Called On Me?
Domestic violence situations are often very emotionally charged. In the heat of the moment, people tend to be very irrational, irate and confrontational. This causes people to do and say things that they often regret. It also can have very harmful consequences when the police appear at your home and attempt to restore order. Gather and gain control of yourself as quickly as the situation will allow. Do not fight, argue or resist the police when they arrive. Comply with all instructions, and do what they ask. Do not make any statements to the police about what occurred. But please be cooperative. You will likely be handcuffed, taken away, and arrested. Just comply.
An Order To Protection Was Issued By The Court, But My Partner Wants Me Back Home. Can I Go?
No. Not if it is a “FULL” Order of Protection!!! Yes, if it is a “LIMITED” Order of Protection. Once you are seen in Court, the Judge will issue an Order of Protection. Depending upon the facts of the case, the Order will either be “Full” or “Limited.” A “Full” Order directs that you fully stay away from the home, place of employment, school, etc., of your significant-other, and often that you have no other contact via text, email, social media or by sending messages through a third party. Violating that order in any way can subject you to additional criminal charges. So it is very important that you follow the Order to the letter. On the other hand, a “Limited Order” allows you to have contact with your significant other. Therefore, you can go back home. But, you must refrain from any type of harassment or violent behavior. Failure to do so, could get you in more trouble.
How Serious Is A Domestic Violence Charge?
All criminal charges are serious. It’s just that some are more serious than others. Some domestic violence charges result in misdemeanors while others can be felonies. A misdemeanor is a crime that is punishable by up to one year. On the other hand, a felony can carry a sentence of up to life. If the domestic violence scenario results in significant bodily injury or involves the use of a weapon (chairs, shoes, belts, and even objects in the home), it can be charged as a felony. While felonies are far more serious, even a misdemeanor can have consequences on your employment, criminal history, and overall life.
What If My Significant Other Does Not Cooperate With Authorities? Will The Charges Be Dismissed?
Not necessarily. While it is true that the case is less likely to move forward without the prosecutor having the support and assistance of your significant-other, prosecutors can still force the issue. They can still prosecute the case by using any witnesses to the incident, or people who the victim may have spoken with immediately after the domestic violence occurred, including the police. These are called “recent outcry” witnesses. The victim of the abuse may have also given a statement to the police or medical personnel. The victim will be subpoenaed to appear to give their story. What ultimately happens depends upon a number of factors, including: the prior history of the parties; the seriousness of the case; and how much evidence prosecutors can pierce together.
People v. Sullivan
Client was arrested for allegedly calling and threatening his ex-girlfriend over the phone. After obtaining and reviewing the telephone records of the parties involved, Mr. Watford was able to prove that the client never called the complainant as alleged. Mr. Watford was able to convince the District Attorney’s Office to dismiss all charges. In a rare turn of events, the ex-girlfriend was arrested and charged with several felony offenses after she admitted to the Assistant District Attorney assigned to the case that the fabricated the allegations.
Following are the Domestic Violence cases which are successfully handled by our firm:
People v. Weathers
Client found not guilty after trial of domestic assault. Mr. Watford was able to prove that the client was justified using force to prevent his ex-wife from forcibly entering his house without permission or authority from the client.
People v. Segure
Charged in Criminal Court with violating Family Order of Protection by calling the complainant solely for the purpose of obtaining work uniforms. Mr. Watford obtained and produced various court records demonstrating that the client was granted access to the residence by the Family Court judge for the purpose of retrieving his property on three (3) occasions prior to his arrest. Upon presenting the documents to the District Attorneys Office they agreed to dismiss the charges.
People v. M. Jackson
Client charged with assaulting his brother in law who was upset over client’s prior domestic violence incidents with complainant’s sister. The arresting officers and DA office refused to believe that client was defending himself after being ambushed by the complainant. Mr. Watford visited the crime scene with the client and obtained video surveillance recordings which proved that unbeknownst to the client, the complainant was lying in wait and initiated the fight. After submitting the video to the prosecutor all charges were dismissed.
Listed above are some of the cases handled by our Domestic Violence Attorney in New York, NY. Our New York Domestic Violence Lawyer is experienced and qualified in this area of law. Getting help from a Domestic Violence Attorney in New York City is extremely important to protect your rights and to make sure that justice is served. To discuss your case with a Domestic Violence Lawyer in NYC, call Watford Jackson, PLLC at 1-855-(928-5225). Our Domestic Violence Attorney in New York County will review your case in detail and come up with a plan to proceed. Whether you are looking to get in touch with a Domestic Violence Lawyer in Brooklyn County, a Domestic Violence Attorney in Queens County or a Domestic Violence Lawyer in Bronx County, give us a call at 1-855-(928-5225) to schedule a case evaluation.
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