Founding Attorney
One moment you’re at home, and the next, officers are at your door and you’re being placed in handcuffs. A domestic violence accusation on Long Island can upend every part of your life in an instant, but an accusation is not a conviction. New York law gives you the right to remain silent, the right to an attorney, and the right to defend yourself against the charges. A Long Island domestic violence defense attorney can protect your rights from the moment of arrest and fight for the best possible outcome.
Why Are Domestic Violence Arrests Different in New York?
If you’ve been accused of domestic violence on Long Island, you may have been arrested even though the other person asked police not to. That’s because New York has a mandatory arrest policy for certain domestic violence situations. Under Criminal Procedure Law §140.10(4), police must make an arrest when they have reasonable cause to believe a felony family offense occurred, or when a misdemeanor family offense has been committed, regardless of whether the accuser wants to press charges.
New York does not have a single criminal charge called “domestic violence.” Instead, allegations fall under existing offenses like assault, harassment, menacing, stalking, strangulation, and criminal contempt. Under the Family Court Act § 812, these become “family offenses” when they involve people in an intimate or familial relationship. Cases may be heard in Criminal Court, Family Court, or both simultaneously.
Police responding to a domestic incident are also required to seize firearms from the accused or under specific risk conditions and often do so. Courts almost always issue a temporary order of protection at arraignment, often before you’ve had the chance to speak with a lawyer.
What Rights Do You Have After a Domestic Violence Arrest?
Despite the aggressive nature of domestic violence enforcement in New York, you retain important constitutional and statutory rights from the moment of arrest:
- The right to remain silent. Do not make any statements to police without an attorney present. Anything you say, including apologizing or explaining, can be used against you.
- The right to an attorney. You are entitled to legal representation. If you cannot afford an attorney, one will be appointed at arraignment.
- The right to a prompt hearing. You must be brought before a judge for arraignment, typically within 24 hours of arrest.
- The presumption of innocence. You are innocent until proven guilty beyond a reasonable doubt. The burden of proof rests entirely on the prosecution.
- The right to challenge evidence and confront witnesses. Your attorney can cross-examine the accuser, challenge physical evidence, and file motions to suppress improperly obtained statements.
Under New York’s bail reform laws, judges cannot set bail for most misdemeanor offenses. However, certain domestic violence charges, particularly those involving serious injury, weapons, or violations of orders of protection, may qualify as bail-eligible offenses. Your attorney can argue for release and favorable conditions at arraignment.
What Is an Order of Protection and How Does It Affect You?
In nearly every domestic violence case, the court issues a temporary order of protection (TOP) at arraignment. This order restricts your behavior toward the accuser and may significantly affect your daily life. There are two main types of orders:
- Full (stay-away) order: You must stay completely away from the accuser, their home, their workplace, and their school. This may mean being removed from your own home.
- Limited (refrain from) order: You may continue living together or having contact, but you must refrain from any threatening, harassing, or violent behavior.
Violating an order of protection is a separate criminal offense, criminal contempt under New York Penal Law, that can result in additional arrest and charges, even if the accuser invites the contact. An order of protection can also affect child custody and visitation arrangements while the case is pending. Your attorney can request a modification of the order or argue for a limited order instead of a full stay-away order at a subsequent hearing.
What Are the Potential Consequences of a Domestic Violence Conviction?
A conviction for a domestic violence-related offense on Long Island carries consequences that extend far beyond the courtroom:
- Criminal penalties: Misdemeanor convictions carry up to one year in jail and fines. Felony assault convictions can result in five to 25 years in state prison.
- Permanent criminal record: A conviction remains on your record and will appear on background checks.
- Loss of firearm rights: Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms.
- Child custody consequences: Family courts consider domestic violence when making custody and visitation decisions, which can limit your access to your children.
- Immigration consequences: Non-citizens may face deportation, denial of naturalization, or visa revocation following a domestic violence conviction.
- Employment and licensing impacts: Many employers and professional licensing boards require disclosure of criminal convictions, which can jeopardize your career.
Because the collateral consequences are so far-reaching, building a strong defense from the start is critical.
Contact a Long Island Criminal Defense Attorney Today
If you’ve been accused of domestic violence on Long Island, don’t wait to get legal help. Michael A. Arbeit, P.C. provides experienced criminal defense representation throughout Nassau County, Suffolk County, and all five NYC boroughs. Attorney Arbeit is available 24/7 with immediate jail visits and offers free, confidential consultations. Contact Michael A. Arbeit, P.C. today to protect your rights and start building your defense.