Domestic violence law and the term "domestic violence" usually refers to crimes involving domestic abuse, such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn't just physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse, partner, or date uses to control someone else's behavior. The abuse can be directed against anyone: children, former partners, roommates, and parents, but it is most typically directed against women. However, in addition to cooperating with the prosecution of criminal charges, the victim of domestic violence can file civil charges.
Domestic Violence is a unique crime which may be treated as a minor misdemeanor that may result in probation and/or anger management classes, or may be treated as a serious felony that may entail substantial state prison time. The severity of the punishment depends on the factors surrounding the events that may have taken place during the alleged commission of the domestic violence crime. Such factors include the seriousness of the injuries involved, the necessity of hospitalization, whether self-defense was used, prior criminal history as well as other factors including the particular courthouse's policy on sentencing for domestic violence offenses.
There are two major differences between domestic violence crimes and other kinds of crimes such as petty theft, drunk driving, drug possession or even juvenile crimes. The first difference is in the lack of discretion used by police and prosecutors in a domestic violence case. With most crimes, after the police arrive at the scene of the crime, they conduct an investigation and determine whether or not the events that took place warrant an arrest and prosecution thereafter. On the other hand, in most domestic violence cases, as soon as the police get involved and there is only a hint of domestic violence having taken place, prosecution will ensue. It does not matter that the alleged victim desperately wishes that you are set free without any punishment or the alleged victim changes her story and admits that nothing really happened.
The other main difference in domestic violence cases is witness or victim testimony. In other criminal cases, if a witness changes his/her story, that seriously affects the outcome of the case. However, with domestic violence crimes, it is extremely common for the alleged victim, who is usually the only witness to the crime, to change his/her story because of the love they may have for the defendant. Therefore, the prosecutor finds it irrelevant that the alleged victim later changes his/her initial statement that was made to the police.
In most instances of domestic violence, a husband and wife, or boyfriend and girlfriend or two relatives get into a heated argument and when the police arrive, the alleged victim makes a damaging statement that results in the other's arrest. The alleged victim is usually very emotional when speaking to the police and provides police with an exaggerated statement. As time passes and the alleged victim later calms down, they usually wish to reconcile with the defendant. Unfortunately, once the police and prosecutor are involved, the victim's change of heart becomes irrelevant and the defendant is potentially facing county jail or state prison time. Therefore, it is crucial that the defendant hire a domestic violence attorney immediately in an effort to contact the prosecution's office and bring light to the situation and raise the proper defenses. Although it is not in the discretion of the alleged victim to drop the charges, a skilled criminal lawyer should be able to formulate a persuasive argument showing that incarceration is not a desired outcome under the circumstances and an informal resolution should be sought.
Domestic violence is a damaging crime to have on your criminal record because of the stigma that comes with it. Employers, members of the community or anyone else who may look into your background will not know that you may have been innocent, or you may have just been defending yourself. Instead, they will simply be informed of the domestic violence conviction and stereotype you as a spouse beater. If you are charged with domestic violence, call our criminal law firm immediately so that we may give you a free consultation and guide you in the right direction and help you avoid a tragic outcome in your case.
A domestic violence arrest can be a devastating experience to anyone. Whether the incident was a harmless situation that spun out of control, a gross misunderstanding, or a typical way of communicating between two people. The time after the arrest can be terrifying, as the criminal justice system is very complicated. While the attorney will ultimately be in charge of helping a defendant, the defendant can contribute to increase his or her chances of beating the offense. Immediately after the arrest, there are steps a defendant can take to ensure that his or her side of the story is heard.
Start keeping notes. Typically, the individual who has the most specific recollection of the events surrounding a domestic violence incident is the one whose story is believed. With time, memories fade and details become hazy, so it is important for a defendant to write down everything about the event that he or she can recall. No detail is insignificant and these notes could make a huge difference in the outcome of the trial. After writing as much as possible about the event, the defendant should give the writings to his or her attorney for safekeeping.
Gather records. Many domestic violence charges are based on “He said, She said” allegations. The defendant should keep a detailed record of the events that occurred, in addition to any documentation that may be important in order for the court to assess damages. The attorney and private investigator can obtain any records that deal with the event, such as a copy of the police report, medical records, and the intimate partner’s medical records when possible. The private investigator will photograph the scene where the incident occurred to get pictures of any property damage. Other records, such as repair bills for damaged walls, broken windows, and vehicle damage may be relevant to the case. Ms. Roond will do her best to gather all the evidence to support her client’s side of the story.
Although each criminal case is unique and gives rise to specific defenses, the criminal court remains extremely tough on domestic violence crimes and treats them all the same, trying to prosecute the defendant to the maximum extent of the law. Criminal Defense Attorney Estelle Roond is fully aware of the court's approach and she fight very aggressively to protect your rights and your freedom. There are so many emotions involved and so much history between husbands and wives, boyfriends and girlfriends or relatives, and it is crucial that the court is made aware of all the specifics in order to reach a fair decision. Criminal defense Attorney Estelle Roond will do everything possible to defend you in these tough cases.
Don't Take the Charge of Domestic Violence Lightly. Ms. Roond Doesn't! Being found guilty of domestic violence in New York can have serious penalties and consequences for your life and family. Here at the Law Office of Estelle Roond, we take your case seriously. To help you avoid conviction and long-term consequences, you need experienced and competent representation every step along the way.
If you did the deed, you need a someone at your side who has knowledge of how the system works, how decisions about when to arrest and who to arrest gets made by law enforcement. An experienced attorney can advise and guide you toward actions that will reduce the chances of a conviction and minimize the personal and legal consequences for you.
First time offenders may be eligible for a pre-trial diversion or treatment program in which your charges could be dropped. If we can establish that you acted in self-defense, the court will likely reduce or dismiss the charges.
If you've been falsely accused of domestic abuse, we can help you prove your innocence. Criminal Lawyer Estelle Roond will bring to bear various experts to investigate and build a strong defense.
Criminal Lawyer Estelle Roond has years of experience litigating intimate partner abuse charges. She will help a defendant with all preparation needed before trial, including collection and organization of notes and records. A domestic violence conviction is serious, and a person faced with such a charge should hire a trained legal professional.
Contact The Law Office of Criminal Lawyer Estelle Roond today at
and speak with her to discuss your legal options.