Being charged with a crime of domestic violence has some unique consequences which distinguish it from other offenses.
First, these cases are handled in courtrooms designated as “domestic violence” courtrooms. While this is done to create some consistency in the prosecution of these cases, it can be problematic for someone charged with a crime of domestic violence because of the tendency to treat each defendant the same. The reality is that every case is different and should be treated as such.
Secondly, the prosecutor will almost always make an application to the Court for an order of protection in favor of the complainant in the case. This can be an order requiring that a defendant refrain from committing any offenses towards a complainant and other family members, that the defendant stay away from the complainant, or both. A “stay away” order will result in the defendant having to leave a marital home.
Lastly, the District Attorney’s Office will likely want to see a person charged with domestic violence enroll in some type of counseling to address issues of violence, anger management, and alcohol and/or drug addiction.
If you are arrested and charged with a crime of domestic violence, you should consult with an attorney immediately to protect your rights. An experienced and aggressive attorney is required in these cases to level out the playing field.
Call Naiburg Obedin and Weissman at (631) 979-7777 for a free consultation.