NYC Domestic Violence and Menacing Lawyers
Rather than one violation, domestic violence is an umbrella term that covers a range of domestic-related criminal offenses from harassment to murder. This can be one of the more volatile areas of law, involving a host of family dynamics. That’s why you need an experienced domestic violence lawyer in NYC to protect your rights.
Types of Domestic Violence Charges
Anyone can be a victim of domestic violence or abuse, or a perpetrator, but the crimes usually involve an uneven power dynamic of some sort. Statistically, men are more likely to be perpetrators and women or children the victims. There are crimes that involve actual, physical assault and those that include intimidation or threats of violence. What separates domestic violence from simple assault is the relationship between the parties.
While a domestic assault is still an assault, the perpetrator and victim must have an intimate relationship of some sort for it to be considered a domestic crime. That includes parents or guardians and children, spouses or ex-spouses, domestic partners, and couples, either of the opposite or same sex. Sex crimes, including sexual assault, rape, and child sexual abuse, are also considered domestic violence offenses.
Stalking, Menacing, and Non-Sexual Harassment
Domestic violence crimes that don’t involve battery include stalking, intimidation, menacing, and harassment. Disorderly conduct, if it involves a public argument or threats against an intimate partner or family member, can also fall under the umbrella of domestic violence; both parties can be charged in such incidences.
Harassment is separated into simple harassment or aggravated harassment. Simple harassment involves some sort of physical contact such as shoving, kicking, or hitting that follows a pattern of intimidation. It becomes aggravated harassment if the prior threat is made via text messages, emails, voice mails, or threats made over social media.
Stalking is charged if you follow someone or communicate with them in any way that causes them to become fearful for their safety and well-being. There are four degrees of stalking offenses. First Degree Stalking is charged if you physically assault the person you are stalking, cause them bodily harm, or sexually abuse them.
Sex crimes are separated between sexual abuse, sexual misconduct, and rape. There are three degrees of each. Sexual abuse is the non-consensual touching of sexual or intimate body parts for the purpose of sexual gratification. Sexual misconduct is non-consensual penetration or oral contact with the intimate body parts of another. Any forcible sexual penetration that involves someone who is mentally or physically incapacitated, or sexual penetration of anyone under the age of 17, is considered rape. Sexual misconduct and sexual abuse offenses are misdemeanors, and rape is a felony offense in each definition. These become domestic crimes when committed against a romantic partner or family member.
What Happens If I’m Arrested for Domestic Violence?
Any type of domestic violence conviction will not only cost you money and possibly your freedom, it can also alter the course of your life after you’ve fulfilled your legal obligations. It can affect your employment, where you can and cannot live, or prohibit you from contact with your children. For example, a sex crime can make you ineligible to work around children, and you may have to register as a sex offender. A judge may place other restrictions on you after a domestic violence conviction, including orders of protection. You may also by prohibited from contacting your former spouse, romantic partner, or other family members by phone, mail, or electronically.
Domestic Violence Attorneys in NYC
If you’ve been arrested and charged with a domestic violence offense, your first phone call should be to the Spodek Law Group. We’re available 24/7, and we’ll always give your case the kind of personal attention it deserves.