New York Domestic Violence Lawyers
Strong representation for domestic violence matters
For many years, New York State law posed a tough challenge for victims of domestic abuse. These charges were difficult to bring and difficult to prove, and there were few protections against what might happen to a battered spouse after she (or he) filed charges – if the victim ever managed to do so.
Today, reforms at the state level have changed the way the police and courts handle domestic violence. Now it is very easy for an alleged victim to bring a domestic violence suit. Filing a charge in many cases automatically results in a temporary restraining order (TRO) or temporary order of protection against the accused, which prevents the alleged abuser from entering the shared residence and from going anywhere near the accuser and any children in the family. This is a needed reform, and the new policies have done immeasurable good for victims and their families. However, the power to accuse is easily abused. Now, the definition of “domestic violence” is potentially very broad. “Domestic violence” can include:
- Assault
- Verbal abuse
- Intimidation
- Threats of violence
- Threats of economic abuse
- Threats of psychological abuse
- Stalking
- Harassment
- Imprisonment or physical restraint
Because some of these actions are elastic, an accuser can stretch them to fit many situations that reasonable people would not consider abusive. Many defendants have faced domestic violence charges for things like heated late night phone calls – and have been convicted.
Spouses going through divorce or unmarried partners going through child custody battles often use false domestic violence claims as leverage for that separate legal battle: it may give them control of the house, children, and assets, and could influence a judge’s decision, or make the wrongfully accused willing to give up more concessions. These accusers may or may not know the damage they’re causing the alleged abusers and the children – the real victims, in far too many cases.
If you’re the victim of a false domestic violence charge, you need to act quickly. Your priority will be to get any order of protection removed. These TROs can unreasonably and unjustly restrict your access to your family and property, and can limit your freedom of movement – and being forced to live outside your home will cost money. Next, you’ll need to clear your name, as a domestic violence conviction – or even public attention to a trial – carries a social stigma that will be hard to remove. The defense you mount will depend upon the specifics of your case, and on the evidence available (or lack thereof).
Over 30 years of state and federal criminal defense experience
For over 30 years, the attorneys at Aiello & Cannick have represented clients facing false or exaggerated domestic violence claims. With extensive knowledge of state domestic violence laws, and with the resources and cost-sensitivity to help all of our clients, our efforts have earned us a reputation for discretion, thoroughness, creativity, and hard work, evidenced by our catalog of victories both in and out of the courtroom.
Contact us today to set up a free case review and consultation in our Maspeth, Queens office. In the meantime, continue to explore the legal resources on our blog and videos pages.