Get invaluable legal representation for domestic abuse cases with the help of Hauppage’s trusted domestic violence attorney, Olivier E. Roche.
Domestic violence cases are often complex and delicate. As part of the protocol, officers responding to a domestic violence case must take the alleged assailant into custody, regardless of whether they have doubts and reservations about the alleged victim’s claims.
Once an arrest has been made, the alleged victim cannot simply drop charges even after expressing their intention to recant their accusations. The prosecutor and the officers in charge have the right to pursue the case and arrest the defendant despite objections from the aggrieved party.
This stresses the importance of having a well known and respected lawyer specializing in domestic assault cases in Hauppauge, Long Island, NY on your side. A former prosecutor turned DV defense attorney, Olivier E. Roche will design a solid defense to clear your name even if the odds are against you.
What Constitutes Domestic Violence?
Domestic violence, also known as domestic abuse or intimate partner violence, is any violent or abusive act done or threatened by a family or household member against another family or household member.
Below are typical examples of domestic abuse in New York:
- Reckless Endangerment
- Preventing a person from communicating a request for emergency assistance or calling 911
- Stalking
- Sexual Abuse/Sexual Misconduct/Forcible Touching
- Harassment
- Intimidation
- Disorderly Conduct
- Threats
- Grand Larceny
- Assault
- Menacing
- Aggravated Harassment
- Criminal Mischief
- Coercion
- Strangulation/Criminal Obstruction of Breathing or Circulation
Domestic violence charges fall under two categories, felonies or misdemeanors, depending on the facts of the offense.
Misdemeanors can result in a maximum penalty of one year of prison time and an order of protection valid for up to five years. On the other hand, felonies carry lengthier prison sentences and orders of protection.
Who Can Be Charged in a Domestic Violence Case?
For a charge to be classified as domestic violence, it does not have to involve people who are or have been in an intimate relationship. It also includes violence between family members or those living under the same roof.
Here are the individuals who may be involved in domestic violence cases:
- People who are currently or previously married
- People over the age of 16 and who were in a romantic relationship and resided together
- People who have had children together (biological or adopted)
- People who have been in a romantic relationship
- Parents and their children
- Parents and their stepchildren
- Grandparents and grandchildren
Understanding False Domestic Violence Accusations
Under New York law, the defendant may be arrested even in the absence of evidence of violence such as cuts and bruises. Verbal abuse and threat of violence can be considered as grounds for an arrest.
Unfortunately, this has led to many individuals taking advantage of the law. Some partners make false allegations against their significant other as a way to get back at them. In many cases, domestic abuse charges are tied with other legal matters, such as divorce and child custody.
Get Aggressive Legal Representation in Hauppauge, NY
No matter what charges you are facing, Roche Law Group will provide you with aggressive legal representation. Having defended countless litigants in New York, we can be relied on to create a solid defense and help you achieve the best possible outcome for your case.
Clear your name of charges and get your life back with the help of a skilled domestic assault attorney. Reach out to our team now to get a free 15-minute consultation.
