DOMESTIC VIOLENCE IN NEW YORK

Many assault cases in New York are what would be considered domestic violence since they are committed within the household or against family members.

When someone is a defendant in an assault case where their spouse or children are the victims there are special considerations. A major collateral consequence of domestic violence charges is that the victims may immediately apply for a Temporary Order of Protection to be issued against the defendant.

Oftentimes, the state prosecutor will seek a Temporary Order of Protection against the defendant when the defendant commits a crime of violence against another person. A temporary Order of Protection is something that a defendant must take seriously. Violating an order of protection is a separate crime, so even if a person is acquitted of the underlying crime they can go to jail for violating the order of protection. If the case is a domestic violence case a person can be forced to leave their house or apartment for the pendency of the case. It does not matter if the victim asks you top come live with them or wants to talk to you. Only a judge can lift an order of protection. If a defendant has certain jobs or a gun license they will be suspended from work for the entire case.

Once charged with domestic violence, it is very difficult to get the charges dropped; no matter how hard your loved one may fight.

In many New York , domestic violence cases, especially with spousal abuse, once an arrest has been made, an Assistant District Attorney will take over the case. When this happens, even if the victim wants to drop the case, the victim is simply a witness and must take a back seat while the Assistant District Attorney moves ahead with the criminal case. This is the policy of many New York State District Attorney's Offices. Even though this is often times a laudable goal, it makes it very hard for a spouse to drop a false of domestic violence.

Having a skilled criminal defense attorney in your corner is your best means of defense.

Shepelsky & Associates is committed to quality legal service driven by aggressive legal defense strategies and expertise. We treat criminal defendants with both dignity and respect. Shepelsky & Associates is committed to the principles that everyone is considered innocent until proven guilty and we fight for our clients' rights. Furthermore, even if someone has committed a crime they still deserve zealous, aggressive, ethical representation. It is standard policy in almost every jurisdiction for District Attorneys (Prosecutors) to significantly over - charge Defendants. Remember Prosecutors bosses are elected; therefore they suffer from the whims of public opinion. You need a zealous advocate to protect your constitutional rights. Shepelsky & Associates will aggressively protect clients' constitutional rights. Your very freedom is on the line.