Domestic Violence in Suffolk County NY is a growing issue. Victims of these crimes are often family members. The definition of a victim identifies blood relatives and spouses. However, the laws also apply to former spouses and non-married romantic partners. The first step to starting these cases is for the victim to notify law enforcement.
Defining Domestic Violence
Domestic Violence in Suffolk County NY is defined as physical, emotional, or sexual in nature. The actions identify an intent to harm or control the victim. These crimes include spousal abuse on a broader spectrum. The actions defined by these crimes place the victim in a state of terror in which they fear for their lives.
How Orders of Protection Work
An order of protection is used to protect the victim or victims. They define terms that prohibit the defendant from participating or performing specific actions. The first of these actions involves contact with the victim. Any contact with the victim is prohibited and defined as a violation of the order. If the defendant has a history of addiction they are ordered to seek treatment. Counseling is another term that is ordered frequently.
Reviewing the Penalties and Repercussions
The type of abuse defined by the criminal report defines if the infraction is a misdemeanor or felony. They are based on an intent to harm. The severity of physical injuries define these charges and their penalties. The state applies penalties to the crime itself and adds enhancements based on domestic violence laws. If the defendant violated the order of protection additional penalties are assigned.
After a domestic violence conviction, the order of protection is extended by the court. Typically, the extension is a period of no more than eight years after they are released. If children are involved, the defendant could lose their parental rights upon conviction. Most orders of protection require supervised visitation for parents who retain their rights.
False allegations of Domestic Violence in Suffolk County NY lead to unwarranted criminal penalties. This is why physical evidence is vital to these cases. Defendants who are accused of these cases must present evidence to support their claims. To fight these charges contact the DWI Attorney at Law Office of Mitchell M. Shapiro today.
