The Range of Domestic Violence Charges
In New York, domestic violence refers to a range of criminal offenses that are committed against a family or household member. These offenses include physical, sexual, and emotional abuse, as well as stalking and threatening behavior.
The specific charges that can be filed in a domestic violence case will depend on the nature of the abuse and the severity of the injuries, if any. If you are convicted of domestic violence, you may face imprisonment, fines, and other penalties, such as mandatory counseling or treatment and orders of protection against you.
Criminal mischief involves the damaging or destruction of another person’s property. This may include intentionally damaging or destroying furniture or clothing, as well as causing damage to a shared residence or vehicle. Criminal mischief can be charged as a misdemeanor or a felony, depending on the value of the property and the details of the case.
Criminal contempt is a criminal offense that involves the violation of a court order, such as a restraining order or an order of protection. This can include behavior such as contacting or approaching the victim or threatening the victim in violation of a court order. Criminal contempt is charged as a misdemeanor or a felony when weapons or physical injury are involved.
Harassment is a criminal offense that involves repeated communication or contact with another person in a way that is likely to cause alarm or annoyance. This may include physical or verbal threats, as well as stalking or other forms of intimidation. Harassment is most commonly charged as a misdemeanor, but could be a felony.
In a domestic violence case, disorderly conduct is a criminal offense that refers to behavior that is likely to cause public disturbance or alarm. This can include making loud or unreasonable noise, using abusive or obscene language, or engaging in violent or threatening behavior. Typically charged as a misdemeanor, disorderly conduct may face more serious charges and harsher penalties depending on the circumstances.
Stalking is a criminal offense that involves the repeated following, harassing, or threatening of another person, with the intent to cause fear or harm. This may include repeatedly contacting or following a victim, making threats, or leaving threatening messages or objects. The perpetrator may face a misdemeanor, or a felony if the stalking involves the use of a weapon or injures the victim.
Menacing is a criminal offense referring to threats or physical intimidation to put another person in fear of physical injury. This can include behavior such as making threatening gestures or statements, brandishing a weapon, or physically advancing on another person in a threatening manner. This can be charged as a misdemeanor or felony, depending on the use of weapons or physical injury.
Orders of Protection – Domestic Violence
An order of protection is a court order issued to protect a person from domestic violence or abuse. These orders can be issued in criminal cases, family court cases, and civil cases. An order of protection is set for a specific period but can be extended or modified by the court. The person filing for the order is the petitioner, and the person served is the respondent.
The Provisions of an Order of Protection
These orders may include various provisions, such as prohibiting the perpetrator from contacting or approaching the victim, requiring the perpetrator to stay away from the victim’s home or work, and awarding temporary custody of children to the victim.
Refrain from Order of Protection
Refrain from Orders of Protection prohibits the perpetrator from alarming, harassing, assaulting, violating or annoying the victim however it does permit contact between the parties.
Stay-Away Order of Protection
Stay-away protective orders require the perpetrator to stay away from the victim and children, home and workplace, refrain from contact, move out of shared residence, pay child support, and surrender any weapons in their possession.
How to Obtain an Order of Protection
To obtain an order of protection, you may file a petition in family court. This requires filling out a petition form and providing the court with information and evidence regarding the domestic violence or abuse you have experienced. The court will then hold a hearing for you to present your case, and with sufficient evidence, will then issue an order of protection.
Order of Protection as Part of a Criminal or Family Case
Another way to obtain an order of protection is to request one as part of a criminal case. If the perpetrator is charged with a domestic violence-related offense, the court may issue an order of protection as part of the case. Similarly, family court cases involving domestic violence or abuse may permit the victim to issue an order of protection.
What to Expect as a Respondent of a Protective Order
The initial protective order is temporary and only becomes valid once you are served. The day you are served the temporary protective order, you and the petitioner will be given a court date. If you admit to allegations, the temporary order is deemed permanent. If you deny it, a fact-finding hearing will be held to determine dismissal or a permanent protective order.
What to Do if You Have Been Accused of Abuse
If you have been accused of abuse, it is important to take the allegations seriously and seek legal advice as soon as possible. It is also important to remember that you have the right to a fair trial and the presumption of innocence until proven guilty.
You should not discuss the details of the case with anyone other than your lawyer and refrain from attempting to influence any potential witnesses. Be aware of the order of protection that may be issued against you, as violating these orders can result in additional criminal charges
Expert Representation and Advocacy
Domestic violence charges are detrimental and can have long-lasting consequences. The former prosecutors and experienced criminal defense attorneys at Schalk, Ciaccio & Kahn can provide you with legal representation, working closely with you to make sure you understand the legal process and addressing any concerns you may have. With Schalk, Ciaccio & Kahn on your side, you can be confident that you are receiving the best possible legal representation.
Speak to a Trusted Criminal Defense Attorney
If you are facing domestic violence charges, it is essential to seek expert legal representation to ensure that your rights are protected and to increase your chances of a favorable outcome. Schalk, Ciaccio & Kahn is a highly respected law firm that has a track record of success in handling a wide range of domestic violence cases. Contact us today to discuss your case.