A victim of domestic violence can only be a spouse, former spouse, person with whom they share a child, person with whom they share a current or former blood relationship, or intimate partner. If you don't have one of these relationships with the alleged victim, the incident cannot be domestic violence. If you are a victim of domestic violence, it may be illegal for the abuser to buy or have a gun. Under New York law, there is no crime called domestic violence.
In other words, you can't be arrested or charged with domestic violence. Domestic violence is a broad term for violence that occurs between people who are related or in a social relationship, such as being married, living together, or dating. For a crime to be called domestic violence, it doesn't have to involve people in a romantic relationship or who have had a past romantic relationship. It also refers to violence between family members or those who share the same household.
While anyone can become a perpetrator or victim of domestic violence, when a victim suffers a serious injury from domestic violence, the victim is usually a male and the perpetrator is a male. To be eligible for IDV court, the parties involved must have a criminal domestic violence case, as well as a family court case or a marriage case. As a result, victims of domestic violence can file civil charges in family court, criminal charges in criminal court, or concurrent actions in both courts. A victim of domestic violence can be a wife, husband, girlfriend, boyfriend, child, other relative, or housemate.
With many high-profile cases dominating the media, New York law enforcement and law enforcement agencies across the country are under increased pressure to aggressively prosecute people accused of domestic violence. If you are ultimately convicted of a crime based on a domestic relationship, your punishment can range from probation to life imprisonment. If you are charged with a domestic violence crime, contact an experienced New York domestic violence lawyer who will listen to the facts of your case and vigorously defend you against criminal charges. You will face this domestic violence charge if you exert physical force on a member of your household to have sex with that person, if the victim was physically helpless, or if the victim was under the age of 13. While domestic violence is clearly a problem, in their quest to punish alleged perpetrators of domestic violence, prosecutors don't always do it right.
Find contact information for advocates at local domestic violence programs and shelters, legal aid organizations, court locations, and sheriff's departments. Brill Legal Group has experience handling all types of domestic violence cases, from violations of protective orders to more serious crimes. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts, including those accused of domestic violence involving stalking, reckless endangerment, rape, assault, sexual assault, strangulation and murder. Domestic violence is a general term to describe crimes involving people who are in a romantic relationship, are members of the same family, or who live in the same household.
If you face criminal charges based on allegations of domestic violence, you face not only jail time, but also loss of access to loved ones.
