Domestic Violence and Divorce in New York
In New York Domestic violence is any act committed against an intimate partner with the goal of establishing and maintain power and control over the victim. Domestic violence includes a pattern of coercive tactics, which can include physical, psychological, sexual, economical deprivement, and emotional abuse perpetrated by on person against an adult intimate partner.
Domestic violence between intimate partner is not just limited to husband and wife or girlfriend and boyfriend or same sex partners but can be anyone living in the household, effected by the above mentioned abusive behavior, within that family structure.
Order of Protection
If you are a victim by definition of domestic abuse, or have been threatened with abuse you can request an order of protection from the court. An order of protection limits the behavior of the person who threatened the harm or committed the harm.
If you are in a dangerous situation requiring immediate assistance you should call 911.
False filing of an Order of Protection
The order of protection is unfortunately used as leverage against one spouse for many different reasons:
- Sometimes it is just a strategy to gain the upper hand in a divorce proceeding.
- Sometimes it is wrongfully filed in the heat of an argument.
However a petition filed for an order of protection is very different when the Domestic Relations Court is handling the action or it is in criminal court.
The attorneys at The Law Offices of Castiglia Rubinstein & Associates assist clients facing a wide range of charges, and offer advice on an individual, case-by-case basis.
If you are a victim of domestic violence or if you have been charged with abuse and domestic violence we can help and defend your rights. At the Law Offices of Castiglia Rubinstein & Associates, we understand that no two cases are alike. The lawyers at The Law Offices of Castiglia Rubinstein & Associates, have many years of experience handling domestic violence cases. The attorneys at the law offices of Castiglia-Rubinstein & Associates can help you navigate through the criminal defense process, and make it easily manageable in your time of need. Our attorneys are not only trained in handling simple criminal matters, we take care of complex criminal defense litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.
In New York State, law enforcement is required to make a “Mandatory Arrest” for any domestic violence calls. A conviction of that allegation brings serious consequences. That is why you need proper representation from an experienced attorney, at Castiglia-Rubinstein and associates, we have attorneys available now to help you with your criminal defense.
NY Sentencing Guidelines for Domestic Violence
Domestic Violence Felony
A domestic violence felony is the most serious by law. A felony assault conviction requires mandatory jail time of more than 1 year in jail.
Felony convictions will immediately terminate many of your civil rights and access to government assistance programs.
A domestic violence case that includes a misdemeanor assault is punishable up to one year in jail. Law enforcement will arrest only the “Prime Aggressor”.
Domestic Violence Violation
Domestic violence violation is considered a “Petty Offence” that is punishable with jail time with up to 15 days of incarceration and does not create a criminal record.
Effective Legal Assistance
Get the Help You Need from a Domestic Violence Criminal Defense Lawyer in New York. The Law Offices of Castiglia Rubinstein & Associates offer professional assistance to help anyone charged with a felony to fight back.
We understand that a felony conviction threatens your life, your freedom and your future. To schedule a free 30-minute consultation with one of our attorneys, contact us by phone at 1-800-960-1529.
We like to start every case the same way: by listening to all the facts. We sit down with you (and your witnesses) to hear exactly what happened. The police and the accusers are going to have their story. We’ll be presenting yours. So we want to start by hearing and understanding your side of it.
Call us at (800) 960-1529 or email us to schedule a consultation to see if we’re the right New York criminal defense lawyers for you.
We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island criminal defense litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.
Get Help With Your Legal Case Now
You should be properly prepared if you are facing criminal charges. You should know that you have certain legal rights and you must be very selective of the Lawyer and Law Firm that you chose to represent you. Have an Attorney council you on the Right Decision for you. We have criminal defense lawyers standing by and ready to help you.