No one wants to face domestic violence accusations. Yet, your spouse or partner may have made them against you after an argument or a heated moment. Their allegations, whether true or false, could have a lasting impact on your life. If they have led to charges, it’s important to understand your options for moving forward.
Understanding New York’s laws
New York’s mandatory arrest laws exist to protect victims of domestic violence. But they also require law enforcement officials to make an arrest when responding to most domestic violence calls. So long as they have probable cause to believe you harmed your accuser, they will apprehend you.
After your arrest, your accuser will likely receive a temporary order of protection against you. While in effect, this order prevents you from contacting them in any way. If you two have children together, it may keep you from spending time with them as well. And if your charges lead to conviction, your accuser will likely receive a final order of protection against you. The final order will last up to two years, unless aggravating circumstances require its extension.
Understanding your defenses
Defending yourself against domestic violence accusations is not easy. Yet, your accuser may have insufficient evidence to substantiate their allegations. In this case, your charges may receive dismissal, even if officers had probable cause for arresting you. Furthermore, certain accusations may point to self-defense. If your accuser tried harming you during the incident, any act you allegedly engaged in may qualify as an attempt to avoid injury.
Domestic violence accusations can have serious repercussions. If you’re facing them, you must act fast to fight them and defend your reputation. An attorney with criminal defense experience can help you do so.
