Charges of domestic violence can be prosecuted in criminal court, family court or both. Many times after the defendant is charged in criminal court the injured party then files for an order of protection in family court as well. Domestic Violence cases deal with issues of both criminal law and family law.
“The attorneys at the Law Offices of Paul A. Boronow, P.C. practice criminal law and family law and are experienced in both which is critically important for a defendant that has been accused of domestic violence.”
There are several penal law (criminal law) charges that can fall under the category of domestic violence. A list of some offenses is set forth below:
- Disorderly Conduct;
- Harassment;
- Aggravated harassment;
- Stalking;
- Menacing;
- Reckless endangerment;
- Rape;
- Sodomy;
- Sexual Assault;
- Sexual Battery;
- Kidnapping;
- Assault; and
- Attempted assault.
Charges for domestic violence follow the same procedure as all other felonies and misdemeanors. The court will, however, issue an order of protection in favor of the complainant and against the accused at the arraignment. For the court to accept a plea bargain the court usually requires the accused to complete an anger management or batterer’s program such as SAGE, possible alcohol or drug treatment and other requirements to try to prevent the alleged incident from reoccurring at a later date.
Being charged with domestic violence will sometimes result in the defendant being removed from the marital home. The court will not allow the defendant to return even if the complainant wants the defendant to return until the counseling programs are completed.
“The court most likely will issue an order of protection ordering the defendant out of the marital residence which order will remain in place until counseling is completed despite the wishes of the complainant that the defendant be allowed to return to the marital home.”
If there is divorce action pending, a family court proceeding for an order of protection and a criminal case for domestic violence, the cases will usually be consolidated with each other and all of the cases will be heard before one judge in an Integrated Domestic Violence Part (IDVP). In many instances this benefits the parties as they do not have to pay for attorneys to appear in multiple courts for multiple different matters. The court gets a view of everything that is going on and can help to develop a comprehensive resolution that benefits the parties. If the defendant’s attorneys practice both criminal and family law the defendant needs only one attorney.
"If your case has been assigned to the Integrated Domestic Violence Part (IDVP), having attorneys that practice criminal law and family law is cost effective so you don’t have to hire two attorneys and spend the additional funds to resolve your legal issues. The lawyers at the Law Offices of Paul A. Boronow, P.C. are experienced in both criminal and family law and can handle all of the legal matters before the IDVP court.”
If you have been charged with a domestic violence crime, or have been the victim of domestic violence, you should consult with experienced matrimonial and criminal law attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been prosecuting and defending applications for an order of protection across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
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