Nassau County Domestic Violence Attorneys

What Constitutes a Crime of Domestic Violence?

Under New York law, domestic violence, or family offenses, is certain violent and threatening crimes committed against a member of the same family or household, such as:

• persons related by blood or marriage;
• co-parents;
• persons who are or were in an intimate relationship;
• current or former spouses.

Some examples of domestic violence offenses include harassment, sexual misconduct, assault, stalking, and disorderly conduct. 

The penalties for domestic violence will depend on the offense committed. For instance, third-degree assault of a current or former domestic partner is a Class A misdemeanor punishable by up to 1 year in jail and $1,000 in fines, while first-degree strangulation of a current or former domestic partner is a Class C felony that carries up to 15 years in prison and $5,000 in fines.

Violating an Order of Protection

Alleged victims of domestic violence may obtain an order of protection that provides them legal protection against certain acts or contact from you. An order may contain a range of provisions you will have to abide by, such as:

• requiring you to stay away from the home, workplace, or school of the person or any witness designated in the order;
• prohibiting you from committing criminal offenses against the petitioner or a child;
• modifying or setting your custody and visitation schedule;
• prohibiting you from committing acts that create an unreasonable risk to the health, safety, and welfare of a child or family or household member.

The duration of a protection order will depend on whether the family offense was charged as a misdemeanor or felony. Class A misdemeanors will result in a 3-year order, while felonies may result in 8-year orders (from the date the sentence is entered). However, every case nonetheless has unique circumstances, so a lawyer can better help you understand the facts of your case.

Violating any term(s) of a protection order constitutes a criminal offense, as a protection order is a court order. Depending on the nature of your violation, you could be charged with the following:

• Criminal contempt (second degree) – Class A misdemeanor punishable by up to 1 year in jail and $1,000 in fines; occurs when you intentionally disobey a court order
• Criminal contempt (first degree) – Class E felony punishable by 4 years in prison and up to $5,000 in fines; occurs if you deliberately cause or attempt to cause the alleged victim to fear for their safety by contacting them, brandishing a weapon, or performing any other activity intended to arouse alarm
• Aggravated criminal contempt – Class D felony punishable by up to 7 years in prison and $5,000 in fines; occurs when you recklessly or intentionally cause physical injury to the alleged victim or if you are found guilty of criminal contempt in the first degree and have 1 aggravated contempt charge or 2 first degree contempt charges within 5 years

If you have been accused of any type of domestic violence offense, it is critical that you enlist the professional help of a lawyer. These charges can be tough to defend against, but you will have a proven advantage on your side by hiring a former prosecutor. Our attorneys at Ladis & Baldwin Law Group have handled many domestic violence cases throughout our career, and we will employ our experience as former district attorneys to effectively strategize your defense.

Schedule a free consultation with Ladis & Baldwin Law Group online for more information.