NYC Domestic Violence Defense Attorney

Fighting Domestic Violence Charges in the Bronx, Brooklyn, Manhattan, Queens, and Staten Island

In their lifetime, one in 4 women will become a victim of domestic violence. These facts indicate the severity of domestic violence crimes and why they carry serious penalties upon conviction. If you are facing domestic violence charges, it is important to procure the services of a legal professional that is knowledgeable about domestic violence laws and strategic defenses in New York. H. Benjamin Perez & Associates, P.C. is here to help. 

Domestic violence is an abusive action in which men, women, and children alike can be targeted. These cases are serious due to the severe consequences that can follow, which include your reputation getting tainted and registering as a sex offender. Sex offender registration can affect your employment options, family life, and where you can live.

Contact our NYC domestic violence lawyer today at (646) 770-0989to learn about how we can defend you and fight to prevent you from suffering legal penalties.

Types of Domestic Violence

It is estimated that nearly 3 million women every year are victims of abuse in their own homes. While the majority of domestic violence victims are women, men can be the target of domestic violence as well.

If abuse occurs between family members (i.e., parents, children, spouses, and siblings), it is categorized as domestic in nature. For example, when a child observes the abuse of one parent by the other or is physically, verbally, or emotionally abused themselves, it is considered domestic violence.

Domestic violence can occur in many forms, including:

• Verbal Abuse  – Verbal abuse involves using words to belittle, threaten, or manipulate another person, which can cause significant emotional pain and fear.
• Emotional Abuse – Emotional abuse occurs when someone undermines another person’s self-worth, isolates them from loved ones, or uses guilt and intimidation to exert control.
• Physical Abuse – Physical abuse refers to actions that inflict bodily harm, such as hitting, kicking, choking, or other violent behaviors aimed at causing physical injury.
• Financial Abuse – Financial abuse happens when someone controls another person’s access to money or other financial resources, thereby preventing them from becoming financially independent.
• Mental Abuse – Mental abuse involves manipulating or degrading someone’s mental and emotional stability through harmful actions, deliberate lies, or deceitful behavior designed to cause distress.
• Social Abuse – Social abuse is characterized by restricting a person’s ability to interact with friends, family, or others, and controlling or limiting their social engagements.

It is important to note that domestic violence extends beyond physical harm. Many victims endure long-term emotional and psychological damage due to the abuse they experience.

New York Domestic Violence Charges

New York takes domestic violence very seriously, and various criminal charges may apply depending on the circumstances. 

Common charges include:

• NY Penal Law § 120.10 – First Degree Assault
• NY Penal Law § 120.05 – Second Degree Assault
• NY Penal Law § 240.30 – Aggravated Harassment in the Second Degree
• NY Penal Law § 215.52 – Aggravated Criminal Contempt
• NY Penal Law § 121.12 – Strangulation in the Second Degree
• NY Penal Law § 260.10 – Endangering the Welfare of a Child

If you are facing these charges, it’s essential to consult a qualified attorney as soon as possible.

Domestic Violence FAQs

How Can a Domestic Violence Lawyer in New York City Help Me?

If you or a loved one was recently charged with domestic violence, it is critical to get the legal help that you need as soon as possible. An experienced lawyer will be able to guide you through every step of the legal way and ensure that you are equipped with all of the legal information that you need to protect yourself.

A domestic violence lawyer will take care of the following:

• Providing you with legal information
• Protecting your rights and your reputation
• Handling paperwork involved with your domestic violence charge
• Examining your case and creating a strong defense strategy
• Representing you in court and fighting for a favorable outcome
• Gathering strong evidence to support your case
• Being by your side to encourage you and offer you psychological support

When you hire a domestic violence lawyer at H. Benjamin Perez & Associates, P.C., you are working with a legal professional who knows the ins and outs of the legal system and a person who genuinely cares about you and your specific situation. Our attorneys have helped many struggling with domestic violence charges, and are here to help protect your future, your rights, and your reputation.

How Can a Domestic Violence Case Be Dropped?

Domestic violence cases can be complex, but they may be dropped under certain conditions. Frequently, offenders accept a plea deal for fear of being found guilty of something much even worse, even if the district attorney's case against you is exceptionally weak in a domestic violence case. 

Here’s how it might happen:

• Insufficient Evidence – If the prosecution lacks sufficient evidence to prove the allegations, they may decide to dismiss the case.
• Victim Recanting Their Statement – Sometimes, a victim may choose to retract their accusations, though this does not guarantee the case will be dropped, as the prosecution may still proceed.
• Lack of Witness Credibility – If the defense successfully challenges the credibility of the claimant or witnesses, it can weaken the prosecution's case.
• Negotiated Settlements – A skilled domestic violence lawyer may negotiate with prosecutors to reduce or dismiss charges in exchange for following certain conditions, such as completing counseling programs.
• False Accusations – If evidence proves that claims were made maliciously or falsely (e.g., out of retaliation), the case could be dismissed.

You should hire a New York City criminal defense lawyer who can challenge the charges early and aggressively to limit the damage. 

How Do I Get a Restraining Order in NY?

To obtain a restraining order (also called an order of protection in New York State), you must file a petition with either the Criminal Court, Family Court, or Supreme Court. 

The steps are as follows:

1. Complete and Submit Petition - Outline why you need protection against another individual, explaining specific incidents or threats.
2. Attend a Hearing - The judge will review your petition and often schedule a court date where both parties can present evidence.
3. Temporary Orders - If there is an immediate danger, the judge may issue a temporary restraining order until the next hearing.

It is highly recommended to work with an attorney to ensure your petition adequately presents your case for protection.

Statute of Limitations for Domestic Violence in New York

The statute of limitations for domestic violence in New York varies depending on the type of charge involved. For misdemeanor charges, the case must be filed within two years, while felony charges generally have a filing deadline of up to five years. Victims seeking civil claims for damages typically have one year to initiate their case. However, there are exceptions to these time limits, especially in situations involving minors or cases where reporting was delayed due to trauma. Given the complexities of these timelines, consulting an experienced lawyer is crucial to understanding how the statute of limitations may apply to your specific circumstances and ensuring your legal rights are protected.

NYC Domestic Violence Resources

If you or someone you know is experiencing domestic violence, there are many resources in New York City to provide help and support, such as:

• NYC Domestic Violence Hotline – Accessible 24/7 for crisis intervention. Call 1-800-621-HOPE.
• Safe Horizon – Provides counseling, shelter, and legal services for victims.
• Urban Resource Institute (URI) – Offers domestic violence housing and emotional support programs.
• Citizens Against Domestic Violence (CADV) – Offers advocacy and education for survivors.

For legal assistance navigating domestic violence cases, contact a qualified domestic violence attorney in NYC.

Need a Domestic Violence Lawyer in New York City?

Looking for an attorney for domestic violence or orders of protection in NYC? In many cases, domestic violence claims are made against family members out of retaliation. Unfortunately, once a claim has been made, the police are still obligated to arrest the alleged perpetrator. If this scenario is similar to yours, our firm has the necessary legal resources to investigate and defend your position.

At H. Benjamin Perez & Associates, P.C., we have the skills and experience to bring about an aggressive, successful domestic violence defense for you. We are fluent in both Spanish and English, and we represent clients in all areas of criminal defense law, including violent crimes.

Suggested Reading:

• Criminal Defense Do's and Don'ts

Do not hesitate to set up a free case evaluation to get started in building a defense. Call (646) 770-0989to team up with an aggressive legal advocate!