Domestic Violence Defense Attorney in New York, NY

As domestic violence defense attorneys, we can represent you in either the family court or in a criminal court in cases of domestic violence allegations.

What is Considered Domestic Violence?

Domestic violence in New York is characterized by a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.

In New York, for an act to constitute domestic violence:

• The act must be considered a violation of penal law, such as disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, strangulation, identity theft, grand larceny and coercion;
• The act must have resulted in actual physical or emotional injury or must have created a substantial risk of physical or emotional harm to the victim; and
• The alleged act must have been committed by a family or household member.

Because an essential element of domestic violence is for an act to be committed by a family or household member, it is important to know who is considered a family or household member:

• Persons related by consanguinity or affinity (in-laws or by blood);
• Persons legally married to one another;
• Persons formerly married to one another regardless of residence;
• Persons who have a common child;
• Unrelated persons who are currently or in the past continually or regularly living in the same household;
• Persons who are not related by consanguinity or affinity but have been in an intimate relationship regardless of whether such persons have lived together at any time.

Allegations of Domestic Violence are a Serious Matter

Domestic violence allegations are serious in nature. Usually, the accuser immediately gets an order of protection, preventing the accused from seeing the children or going back to the house. Unfortunately, there have also been numerous false claims of domestic violence in order to gain an advantage in divorce proceedings. A domestic violence divorce attorney can represent you to ensure you have a strong defense in combatting false allegations of domestic violence.

Defenses to Domestic Violence Allegations

There are no excuses for domestic violence. The best thing is not to have these allegations in the first place. But if you are facing domestic violence allegations, you may have no choice but to intersect defenses. The defenses to criminal charges of domestic violence depend on the type of charge. A charge for disorderly conduct will raise different defenses from a charge of sexual abuse. There is no guarantee that any defense is going to work. General defenses can include:

Self-Defense

When the alleged criminal act, such as assault, was justified and proven as self-defense, then the domestic violence charge can be dismissed. For example, a parent defending himself from his violent 18-year child can be considered self-defense. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].

Justification

When reasonable non-deadly force is used to discipline or restrain a child, it may not be considered abuse and may be justified, depending on the unique circumstances of the case.

Consent

In allegations with a sexual connotation, such as forcible touching or sexual abuse, the accused can raise the defense that the accuser consented to the sexual act. 

False Accusations

The domestic violence defense attorney can help you prove that the accusations are false and instead motivated by personal vendettas, misunderstandings, or ulterior motives such as gaining an advantage in divorce proceedings,

Lack of Evidence

Criminal cases must be proven beyond reasonable doubt. If there is any doubt regarding at least one element of domestic violence, the criminal charge can be dismissed. Most domestic violence cases happen in closed doors in the privacy of one’s home. For this reason, proving a charge of domestic violence can be difficult.

Plea Bargaining

When evidence is very weak, the prosecuting attorney can decide not to prosecute the case, knowing that it is a losing case when it reaches trial and it will be a waste of the prosecuting attorney’s time and resources.

When evidence is not strong, the prosecuting attorney may decide to plea bargain by reducing the charge or reducing the number of counts, especially when the charge is not a serious offense and the accused is a first-time offender.

The domestic violence defense attorney can analyze the unique circumstances of your case and prepare a successful defense that may lead to a non-criminal disposition of the case. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].