New York Domestic Violence Frequently Asked Questions
What Is Considered Domestic Violence?
If you have any kind of intimate relationship with someone and get into an argument or exhibit any kind of aggressive behavior toward that person, then it’s considered domestic violence. Examples of intimate relationships include a parent and child, roommates, or a couple who is dating. Since domestic violence charges can have severe consequences, it’s important to find an attorney who can examine your case and challenge the charges so that you don’t spend time in jail and so that the charge is not listed on your background.
What Are Some Of The Actions That Could Result In Domestic Violence Charges?
Any time you hit someone else, kick someone, or even shove someone, it can be considered domestic violence. There are a few different criminal charges associated with domestic violence, such as second degree if you kick or punch someone and the victim is injured. Aggravated harassment involves calling, emailing, or texting someone repeatedly once that person has told you to stop. You could be charged with robbery if you snatch something out of the victim’s hand. Stalking, rape, and reckless endangerment are also charges that you could face pertaining to domestic violence.
An Order Of Protection Involves What?
This is also known as a restraining order and is taken out by the victim to keep the person who committed the act of violence within a designated distance. The judge will often determine how far away the defendant is to stay away from the victim. The order can be temporary until you go to court or permanent, which means that you would not be able to have any further contact with the victim for the rest of your life. Sometimes, a restraining order can be dropped if the people involved in the relationship can come to terms with being in contact with each other. An order can also be extended if needed.
Are There Consequences For Violating An Order?
Since this is a court order, there are consequences that you could face if you violate it in any way. Sometimes, the victim might not bother reporting that you violated the order. However, if the victim was injured or there is a real fear of harm or danger, then the victim has every right to make a report. You could go to jail for violating the order and charged with contempt, which would mean another criminal charge on your record.
What Are The Punishments For Domestic Violence?
The sentence that you receive will depend on your criminal history as well as the details of the act that took place. An attorney can work with you to examine these details to determine if you were acting in self-defense or if you had another valid reason for making contact with the victim. If you’re convicted, then you will likely spend time in prison even if it’s your first offense committing a domestic violence crime. You could be placed on probation after getting out of prison or as a sentence instead of going to prison.
May 17, 2018
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