Domestic Violence or charges of abuse are serious allegations that the local police and the District Attorney's office aggressively pursue and prosecute. In most New York counties, Westchester County for example, have entire divisions of Assistant District Attorneys investigating and prosecuting these cases. In addition there are private domestic violence advocates who assist individuals who are the victims of domestic violence.
Those who complain to the police or family court are almost always issued an "ex parte" temporary order of protection that will order an individual out of their home, to stay away from the complainant, their children or even refrain from any communication with the protected party.
If you are charged or might be charged with a domestic violence offense you must contact a top domestic violence attorney immediately to protect your rights.
False Allegations of Abuse
Court orders of protection can be used both as a sword and a shield. It is the intention of the courts for the individual to use the order of protection as a shield against future violence but all too often the order of protection is used as a sword against another person.
Unfortunately, there are people who abuse the court system and abuse the orders of protection to gain leverage in another matter such as a divorce or custody case. Sometimes individuals obtain an order of protection and bait or trap the other party into violating the order of protection to have that person arrested for criminal contempt that can be a misdemeanor or felony criminal charge.
If you are falsely accused of domestic violence or have an order of protection in place against you it will negatively impact your divorce or custody case and can have a negative impact on your employment, time with your children and your right to carry or possess a firearm.
The Defense of False Allegations
Ourcriminal andfamily law attorneys immediately work to defend all allegations of domestic violence or abuse. We will conduct extensive interviews of all witnesses, contact the District Attorney's Office and move into court immediately, to amend or vacate the order of protection. We also fight the allegations that are the basis for the order of protection. Importantly, we determine the motive for the individual seeking the order of protection and what leverage they are seeking in another matter. We then use any suspicious motive to destroy that person's credibility.
Our attorneys provide an aggressive defense and will keep you informed about the status of your case at all times. We can take your case over from the public defender or another attorney at any time. When you freedom, family, employment and reputation are all on the line you need to have attorneys experienced with domestic violence and abuse in both the criminal court and the divorce or family court. Our attorneys have represented countless clients in the criminal, divorce and family court. We understand the interplay between those courts and the various claims and defenses to help our clients. We are also experience in dealing with false allegations of abuse and understand the stress it puts on our clients.
What to do next?
If you are the victim of false claims or if you have recently been served with a domestic violence order of protection it is important you call one of our experienced attorneys to represent you. We represent clients in Westchester, Orange and all surrounding counties.
Call today for a Free Consultation (914) 946-4808