Domestic violence, the verbal or physical aggression of one spouse against another, has been a societal problem for many years. In the recent past the law, and the court system, has recognized domestic violence for the serious problem that it is. In fact, special judges and courtrooms have been established to handle domestic and family violence cases exclusively.
The Suffolk County Police Department also receives special training in the handling of domestic violence cases. Where in the past the responding police officer might have tried to “solve” the situation on site, now it is far more likely that an arrest will be made.
In fact, the police policy in Suffolk County as it exists today is to hold any individual arrested for domestic violence until they are brought before a criminal court judge. In the past those arrested were permitted to post bail at the police precinct. That is no longer permitted.
If there is a credible threat of continued violence, or threats of violence, the Court might very well issue an Order of Protection. Those Orders of Protection might mandate the defendant stay away from the home, place of business or school of the alleged victim. Those types of Orders of Protection are referred to as Stay Away Orders. In other words, the accused can be put out of his own home.
An Order might also be issued that directs the defendant to refrain from any acts, or threats of violence, against the alleged victim. Those are referred to as Refrain From Orders of Protection. A violation of either Order of Protection by the defendant will result in his arrest, and additional charges of criminal contempt being brought against him.
Frequently, a spouse who has made an allegation of domestic violence might change their mind and wish that the charges would just “go away”.
Frequently the aggrieved spouse will fail to go to court when the case is scheduled. Very often, that will eventually result in a dismissal of the charges against the defendant for what is referred to as “failure to prosecute”. Anyone accused of domestic violence should seek the advice of an experienced criminal attorney even before formal charges are brought.
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