There’s a very paternalistic element in law enforcement which manifests in the male being arrested for domestic violence more often than the female. In Nassau County and Suffolk County, it is also common for the person who did not call the police to be arrested. If there are complaints made by both parties, then both parties may be arrested, but this is very rare. It’s the policy of the police departments to arrest one person rather than two, even if the parties assaulted each other.
I Was Arrested And Charged In A Domestic Violence-Related Incident And I Need To Get Things From My Home. Do I Have Permission To Go Back And Get My Own Property?
During the arraignment, a competent attorney who has experience in this area of the law can ensure that a provision which allows a visit to the residence is added to the parameters of the order of protection; if this provision is not added, then the defendant will be banned from the residence, as well as prohibited from asking a third party to obtain their belongings.
If there is already a higher court order in effect, such as a visitation or child custody order issued by the Supreme Court in New York State, then the defendant’s attorney should ask the judge in the criminal court to allow for the Supreme Court order to supersede the criminal court order. Since the criminal court order will have existed prior to other orders, visitation and child contact may be permitted under that criminal court order. This is something that not every attorney knows. It is critical for a defendant to hire an attorney who has a background in domestic violence cases with an eye toward a family court order of protection or a family court component to ensure their rights are protected in every way.
My Girlfriend Called The Police On Me And Alleged That I Hit Her. Since My Domestic Violence Arrest, She’s Been Texting Me To Get Back Together And Says She’ll Tell The Police The Truth. Should I Ask Her To Go To The Police Or Prosecutor On My Behalf?
A defendant should not contact the alleged victim in a domestic violence case, as doing so would be a violation of the order of protection. While the accuser can express to the prosecutor that they do not want to cooperate with the prosecution, they do not have the authority to drop charges.
Even if there is no order of protection or there is an order which allows for communication between the accused and accuser, an accused individual could still face trouble by telling the accuser that they would like the charges dropped. Specifically, an unscrupulous prosecutor could claim that the accused tried to influence a witness. For a defendant, the wisest course of action is to have their attorney speak to the prosecutor about the overture that the accuser is making. Alternatively, it may be a good idea to have a private investigator speak to the accuser and have them write a sworn statement that could be presented to the prosecutor.
I Was Arrested And Charged In A Domestic Violence Case. What Kinds Of Conditions Or Restrictions Will The Courts Put On Me? What Happens If I Violate Any Of Those Terms?
Most courts will issue some type of order of protection. If a court issues a stay-away order of protection, then the accused will have to leave the shared residence. In addition to an order of protection, the accused might be put on supervised probation during the pendency of the case. Depending on the nature and significance of the allegations, the court could choose to place bail conditions and hold the defendant in custody. For example, felony assault cases in New York State will result in bail. There is a handful of things that a judge can do that could cause some significant changes in a defendant’s liberty and ability to make a living.
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