New York Domestic Violence Lawyer

Trust Your Case to an experienced Veteran in Criminal Defense

Unfortunately, domestic violence charges are common in New York courts and in many cases are based on little or no real evidence. Arguments between intimate partners or household members can escalate into 911 calls involving law enforcement visits. These visits can end up in charges brought against whomever police officers view as the main aggressor. This can be the result of verbal or physical allegations or conduct that are often made in the heat of the moment and may be based on anger, revenge, spite, or the desire to gain control in a divorce or child custody case. Whatever the basis, if you have been accused of a domestic violence offense, you need serious legal representation as soon as possible.

As a New York domestic violence attorney with over a decade of experience, I will fight hard to achieve the best result possible. I have defended countless individuals over the years facing these types of abuse charges that have ended with successful outcomes. I always take an aggressive stance when it comes to defending your constitutional rights and pursuing your best interests. Convictions of domestic violence offenses can derail your life for well into the future. I understand the stakes and will fight zealously to avoid negative consequences.

Contact the Law Office of Tara Whelan at (516) 647-4828 for your free case review and learn your available options.

What Is Domestic Violence in New York?

According to the New York State Unified Court System, domestic violence consists of “a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.” These behaviors can include sexual, physical, emotional, psychological, or economic abuse as well as threats and intimidation.

Under New York law, domestic violence crimes can occur between the following:

• Individuals who are married or divorced
• Individuals who share a child in common, regardless of marriage
• Individuals related by marriage, such a mothers-in-law or other in laws
• Individuals related by blood, such as parents, children, siblings, and other relatives
• Individuals who cohabit or have cohabited in the past
• Those in a current or former dating relationship or who are or have been intimate partners

Intimate relationships can even include those that are not sexual. Courts will consider various factors when determining if a relationship falls under the label of “intimate.” These factors include the nature of the connection as well as the frequency and duration of the contact.

Is Domestic Violence a Felony in New York?

In New York, domestic violence can be a felony or a misdemeanor depending on circumstances of the charge. The District Attorney will take in account many different factors in deciding how to charge you, including the seriousness of your physical act (ie: strangling versus scratching), the victim's injury (ie: bruising versus open wound), and their office policy. Regardless of how you are charged, the consequences are equally serious and generally include: 3-4 years probation, 52 week batterer's treatment program; criminal protective order, at least 30 days in custody, community service, restitution to the victim, firearms prohibition, domestic violence fine, and standard fines and fees. Also, if you have a current or prospective case in family court involving child custody, a domestic violence conviction may negatively affect your custody rights over the child.

Crimes that Fall Under the Umbrella of Domestic Violence

Under New York law, many offenses can be considered domestic violence.

Types of domestic violence crimes include:

• Sexual misconduct
• Forcible touching
• Sexual abuse
• Harassment
• Stalking
• Criminal mischief
• Reckless endangerment
• Menacing
• Assault
• Strangulation

When accused or charged with any domestic violence offense, you may become the subject to a temporary or permanent order of protection, which is the legal term for a restraining order. Such orders can be granted to an accuser by a court without giving you notice prior to its issuance by a judge. These orders can require you to vacate the home you share with the accuser, prohibit you from any contact with the accuser and compromise your parental rights. Orders of protection can be issued for up to two years or, in cases of domestic violence felonies, up to eight years.

Effective Defenses Are Available

When facing domestic violence charges, you are at risk of incarceration, probation, heavy fines, restitution to the accuser, and other court-ordered programs such as anger management or substance abuse programs. With a criminal conviction, you also face the collateral damage of difficulties finding employment, housing, or financial assistance. As your defender, I make it my goal to do everything possible to increase your chances of avoiding these consequences with a comprehensive and effective defense.

Reach out to my office at (516) 647-4828 for legal guidance today.