New York Domestic Violence Lawyer

Protect Your Rights & Best Interests

In the state of New York, family and criminal courts hold concurrent jurisdiction over “family offenses” such as assaultsexual abuse, and stalking. This means that charges may be filed in either court and in some cases, both. It is possible for civil charges to be levied in family court while criminal charges are pursued in front of a criminal judge.

In domestic violence cases, it is not uncommon for victims to apply for orders of protection which are designed to limit or prevent defendants who have been charged from making contact with spouses or children who may reside at the location where the pending case occurred.

We Set the Bar Others Strive to Reach

If you have any questions about a pending offense, contact our New York domestic violence attorney at the Law Offices of Robert Tsigler, PLLC at (718) 878-3781.

The Scope of Domestic Violence Charges

There are many unique charges which can be encompassed within a domestic violence case. In the state of New York, domestic violence is a descriptive term rather than a specific crime carrying sentencing guidelines in and of itself. Domestic violence may be the result of an assault, sexual assault, menacing, stalking, strangulation, or other charge involving people engaged with a current or previous domestic relationship.

This term describes crimes which occur between:

  • Individuals who are related or who share an affinity due to housing
  • Individuals who are married or involved with a domestic partnership
  • Individuals who were formerly married or involved with a domestic partnership
  • Individuals who have had a child together
  • Individuals who are presently involved in an intimate relationship together
  • Individuals who were formerly involved with an intimate relationship together

In the state of New York, domestic violence charges are considered very serious offenses and it is essential to secure the legal representation of a knowledgeable New Yorkcriminal defense lawyer who will fight to protect your rights.

Call the Law Offices of Robert Tsigler, PLLC at (718) 878-3781 to receive a free consultation. Counsel is available 24 hours a day, 7 days a week!

Defenses Against a Domestic Violence Charge

Below are some common defenses for a domestic violence accusation. These defense strategies are by no means an exhaustive list, but can help you understand how to defend yourself. It’s critical you hire an attorney who knows how to present these defenses and create a strategy to win your domestic violence case.

Lack of Proof: If there’s no proof, then it make your attorney’s job easier. Defendants cannot be convicted if the prosecution is unable to reach the required burden of proof in a domestic violence case. Legal professionals who have been trained in examining cases know how to uncover holes/contradictions in the prosecutor’s argument. In your risk free consultation with our NYC domestic violence attorney – we can help you understand what level of proof is levied against you.

Wrong Suspect: If you can demonstrate that you aren’t the person who has committed the offense – then this is another great defense. You may be able to prove this by having an alibi that you were somewhere else during the time of the physical infraction. You can have witnesses testify on your behalf that you were with them, and not with the alleged victim. If you have photos or video footage that was time stamped, this can help support your case.

Intentional False Accusation: Sometimes a defendant is wrongfully accused for reasons that have nothing to do with actual violence. This is typical in divorce cases where a spouse falsely claims there was abuse, in order to gain more money, gain custody, or fulfill some vendetta. The way to defend yourself is by finding inconsistencies in the opponent’s story, having an alibi, etc. In situations like this, it’s critical you hire an NYC domestic violence lawyer who can help you.

Self-defense: With this strategy you have to prove your actions were done out of self-protection. For instance, if someone was striking you, and you had to strike back to protect yourself – then this is an act of protection. It is harder to plea self-defense, if you elicited the aggression towards you, i.e. through verbal threats, or hostile hand actions. If you incite someone by calling him/her names, or doing other physical maneuvers, such as threatening to harm them, then you have implicitly taken the role of an aggressor in the fight, and thus have invited harm towards you. This type of case can be difficult to defend if you incited the violence unto you.

Domestic Violence False Accusations

As domestic violence cases rise, the amount of false accusations do too. Males are usually the targets of false allegations from significant others. It’s hard to say why an accuser would falsely accuse you. There can be numerous motivations, such as doing it out of spite, desire for monetary reward in a divorce settlement, receiving full custody of a child, or more.

Regardless of why you are being falsely accused, our NYC domestic violence attorneys can help. We have a great track record when it comes to DV cases, and can help highlight any contradictions in the prosecution’s case as evidence of a false accusation.

 

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