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Domestic Violence

Domestic Violence Allegations

Start Strategizing with a Trusted Domestic Violence Defense Lawyer

Domestic Violence crimes are classified as crimes in which the perpetrator of the crime has a familial or sexual relationship with the victim of the crime and come with serious penalties. If you find yourself under arrest for allegations relating to domestic violence, it is critical that you contact a New York City Domestic Violence lawyer immediately.

Our team is ready to hear out your situation and help you determine your next steps. Call (212) 577-9328 to schedule a free consultation.

Defining Domestic Violence

While most people immediately picture a physically abusive husband, the term encompasses all situations in which the victim is someone who is related to the perpetrator. Someone assaulting their brother could be considered domestic violence.

Although called "domestic violence," there doesn't even need to be violence for a case to fall in this category. Even someone stealing from a family member could be charged with the crime. The classification of domestic violence is so broad, in fact, that it can even include a situation in which a woman had a brief and consensual sexual relationship with a man years ago and the woman now used his identity to make online purchases without his permission.

There is no requirement that the people involved live together, are married, or even in a current relationship. In fact, there isn't even a requirement that the people ever were in a relationship. A familial or a past or present sexual relationship between the perpetrator and the alleged victim is all that’s required to qualify the crime as domestic violence.

What You Should Know About the Arrest Process

The police are in a “must-arrest” situation when dealing with domestic violence allegations, meaning, regardless of the circumstances, they have to take the alleged perpetrator into custody. Furthermore, they cannot issue a DAT and must hold the defendant in Central Booking until arraignment.

Another important point to remember when there is an allegation of domestic violence is that the victim in the case has no discretion in whether to “drop the charges.” The discretion of whether to pursue a prosecution is solely within the purview of the District Attorney’s Office. So all decisions regarding how the case proceeds are made by the District Attorney’s Office.

Put Someone Who Can Aggressively Defend Your Name on Your Side

No DA wants to appear soft on domestic violence. Therefore, all decisions tend to favor an aggressive prosecution. Therefore, if you, or a loved one, are accused of committing a domestic violence crime, it is critical that you hire an experienced Manhattan domestic violence attorney who can help.

Contact the Law Office of John Buza, PC today for a free consultation.

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