Domestic Violence Attorney in New York

In New York, domestic violence is defined as a pattern of “behavior used by an individual to establish and maintain power and control over a partner in an intimate relationship.” An intimate relationship includes family or household members, as well as significant others. A casual friend would not be considered an intimate partner. In New Jersey, domestic violence is defined as a pattern of “physical, emotional, verbal, and sexual abuse, which includes, but is not limited to, threats, intimidation, isolation, and/or financial control.” 

Any person can be a victim of domestic violence regardless of race, gender, age, sexual orientation, or religion. Domestic violence may continue over a period of years and be carried out via sexual assault, physical abuse, emotional abuse, economic abuse, threats, and/or intimidation.

As mentioned above, domestic violence can manifest in many ways, extending beyond physical harm. Recognizing the various forms of domestic violence is essential for ensuring that you can navigate the complexities of your specific charge. The most common forms of domestic violence include:

• Physical abuse: Inflicting bodily harm using actions such as hitting, slapping, or choking.
• Sexual abuse: Coercing or forcing sexual activity without consent, including unwanted touching, assault, and other sexual acts.
• Emotional abuse: Undermining a victim’s self-esteem through constant manipulation, humiliation, and criticism.
• Economical abuse: Controlling the victim’s access to financial resources, including withholding money and limiting economic independence.
• Stalking: Repeatedly following, watching, or harassing a victim to instill a sense of fear.
• Menacing: An emotional abuse tactic that uses threats or intimidation to instill fear and control over a victim.

Yes. As stated above, the legal definition of domestic violence extends far beyond physical abuse. In most jurisdictions, emotional and verbal abuse are common examples of domestic violence that can ultimately lead to criminal charges against the perpetrator. 

Sometimes, charges can stem from accusations alone, so it’s important to understand how the law works around charges via accusations. A singular claim can lead authorities to investigate a situation further. In many domestic violence cases, there isn’t any physical evidence of domestic violence, making these cases complex and difficult to navigate. In cases with minimal or no physical evidence, a judge will likely rely on testimonies to help build a clearer picture of the situation and reach a final verdict.

A restraining order is a legal tool that is designed to protect a victim from further abuse or violence. This order legally prohibits the alleged abuser from having contact with or approaching the victim. The process of obtaining a restraining order begins with the victim filing a petition that explains the reasons for seeking protection. A judge will then review the request and may issue a temporary restraining order that takes effect immediately. This order will remain in place until an official court hearing is held.

Depending on the circumstances, it is possible to have a restraining order lifted. This may occur if: 

• The victim forgives the defendant.
• Both parties reconcile and wish to get back together.
• The victim no longer fears the defendant.
• The victim does not want the defendant to risk any serious criminal charges.

The defendant can also request that the restraining order be lifted. In doing so, the defendant must file a motion with the court, explaining the reasoning behind their request to have their restraining order lifted.

In New York and New Jersey, charges of domestic violence can fall under different degrees of severity, which will ultimately influence sentencing. The severity of the penalties often depends on the specific nature of the abuse, prior criminal history, and whether or not the offense involved aggravating factors. 

Penalties for a domestic violence charge in NY and NJ may include:

• Mandatory counseling
• Community service
• Fines
• Probation
• Restraining orders
• Imprisonment
• Loss of rights (i.e. possession of firearms, custody of children, or voting rights)

A domestic violence charge significantly impacts child custody arrangements, as the court’s primary concern is the safety and well-being of the children. Judges will always prioritize the child’s best interests when making custody decisions. 

In some cases, judges may order supervised visitations to ensure the safety of the affected children, allowing the non-custodial parent to maintain a relationship with the child under supervision. In severe cases where the defendant’s presence is deemed harmful, judges can restrict all access, which includes visitation rights.

Yes. Hiring a criminal defense attorney is crucial when facing domestic violence charges, as these individuals provide essential guidance through the complexities of the legal system. Mario Gallucci, a top criminal defense attorney in Staten Island and one of the nation’s Top 100 trial lawyers, specializes in defending against such charges. With strong dedication and expertise, he will tirelessly work to protect your rights and achieve the best possible outcome for your case. 

Through thorough investigation and analysis of evidence, Mr. Gallucci will create a personalized defense strategy that challenges the prosecution’s case, helping you avoid harsher penalties. If you or someone you know is facing domestic violence charges, trust Mario Gallucci of The Gallucci Law Firm to handle your case with expert care and commitment.