What Constitutes Domestic Violence in New York?
It’s perfectly normal to argue with your partner from time to time. No two people can expect to agree on everything, so the occasional quarrel doesn’t necessarily mean your relationship is doomed. But if your partner accuses you of domestic violence (DV), it will threaten a lot more than your relationship.
The state of New York imposes harsh penalties for assault, menacing, stalking, or strangulation within the confines of a domestic relationship; however, just because you are facing DV-related charges does not mean a conviction is imminent.
If you were merely acting in self-defense, for example, a New York criminal defense lawyer can help you gather evidence to prove as much. And if the incident did not occur at all—sadly, false DV accusations are relatively common, especially during contentious custody battles—your attorney may be able to clear your name.
Regardless of the circumstances, you can determine the most strategic way to proceed by contacting LoTempio P.C. Law Group. Our criminal defense attorneys have helped thousands of clients throughout New York fight serious charges. Call 716-855-3761 to schedule a free case evaluation.
Let’s examine how the state of New York defines domestic violence:
Coercive Tactics That Attempt to Control a Partner
According to the New York State Unified Court System, domestic violence is a pattern of intimidating or bullying tactics that an adult uses against an intimate partner to establish or maintain control over him or her. People often associate DV with physical altercations, but coercive tactics also include abuse that is psychological, emotional, sexual, or financial in nature.
A single incident can be considered DV, or a longtime pattern of controlling behavior can constitute domestic violence. The Office for the Prevention of Domestic Violence lists some of the most common ways someone might try to maintain power and control over his or her partner, which include:
- Isolation: An abuser might stop the victim from seeing or maintaining a close relationship with friends and loved ones;
- Intimidation: Regardless of whether abusers actually resort to physical violence, they often incite fear in the victim that they might;
- Manipulation: If children are involved, abusers might try to turn them against the victim. They may also undermine the victim in front of them or threaten to take them away; and
- Physical/Sexual Abuse: Many domestic violence-related cases involve physical or sexual abuse because these tend to be the easiest kinds of abuse to prove. They often leave tangible evidence like bruising and other wounds. Penalties for a conviction of either can be severe.
Discuss Your Case with a Criminal Defense Attorney in New York
If you are facing criminal charges related to domestic violence, there’s a lot at stake. An attorney from LoTempio P.C. Law Group will evaluate your situation from all angles to determine the best approach for achieving the most favorable outcome possible. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our seasoned criminal defense lawyers in New York.