Domestic Violence Lawyers
New York City Criminal Defense Attorneys
If you, a friend, family member or other loved one has been accused of a domestic violence crime, you need an experienced domestic violence lawyer immediately – you need London Indusi LLP. Anytime an allegation is made against another person for which there is a domestic relationship (girlfriend/boyfriend, husband/wife, mother/father, etc.), an ordinary allegation of a crime (assault, harassment, criminal mischief) is designated a domestic violence crime which impacts the way the case will be handled by the police, prosecutor, judge and ultimately the domestic violence lawyer for the accused.
Why does this relationship make a difference in the way the same allegation without the relationship is handled? Fear is the short answer, as most police, prosecutors and judges are afraid that a person accused of domestic violence will return to the home or family environment and kill the accuser or complainant causing the police agency, prosecutor’s office or judge to splashed all over the media as the reason for such a death. While there is a legitimate interest in protecting “real victims,” the effect of such designations often harms the wrongfully accused and innocent people by ruining relationships, evicting people from their homes, and ultimately tearing families apart. Even those who may have done something wrong are treated as if they have done a lot worse, when in reality most cases should not warrant an arrest, let alone a “full” stay away order of protection.
Domestic violence prosecutors often attempt to be creative in the way they prosecute these cases, usually to the detriment of the family unit, the complaining witness and the accused. Some prosecutors will proceed even if the complaining witness will not cooperate or come in to court. While some complainants may be true victims who are afraid to come to court, most will not cooperate because what the police and prosecutor are claiming happened never occurred. In cases where there is no complainant, the prosecution will attempt to introduce a 911 call or statements made to the police as an exception to the hearsay rules of evidence to establish that a crime occurred and that the accused did it. Even if you know a person is not cooperating with the prosecutor, it is imperative that you hire a competent and experienced New York City criminal defense attorneys to protect your rights and avoid any conviction for any criminal offense.
Another routine component to a domestic violence case is the order of protection, which could have the effect of excluding you, a loved one or a family member from the home. Often times orders of protection can be litigated and upon a proper showing vacated or modified to limited orders of protection, which permit contact between the accused the protected party as long as there is no harassment or assaultive behavior. An experienced domestic violence lawyer at London Indusi LLP can help you effectively litigate an order of protection.