Being accused of domestic violence in Smiths Clove NY
New York State has a “mandatory arrest” law for cases which involve domestic violence. Should the police be called for a potential domestic violence incident and they have probable cause to believe you may have committed an act of domestic violence, they are required to ARREST you. This will happen even if the alleged victim doesn’t want to press charges. This is important – New York no longer relies on the victim before pressing charges and making an arrest. If the police believe you are the “primary” or main aggressor, you may be the only person arrested.
Domestic Violence includes physical attacks, threats, harassment, sex crimes, stalking, emotional abuse and endangering the welfare of a child. Crimes under the domestic violence statute fall under a very limited scope. The first thing police must determine is whether the alleged victim was a member of your family or household. A domestic violence victim can only be a spouse, former spouse, person you share a child with, person you share a blood relationship with, or current or former intimate partner.
Lisa Pelosi is your best when choosing a Domestic Violence and Abuse Attorney serving the Smiths Clove NY region.
Even if accusations of domestic violence are false, enough evidence could convict a person of nearly any crime. This makes working closely with a criminal defense lawyer vital for the accused to get a favorable outcome.
- Lisa Pelosi is a criminal defense attorney with over 35 years’ experience. Lisa was a former domestic violence prosecutor; she has handled all types of domestic violence cases from harassment to homicide. She serves Hudson Valley and NYC areas. She or a member of her team will come to you. Call Lisa Pelosi today at 845-605-1101 or fill out our online form here. Free consultations 24/7. Se Habla Español
- Lisa will use all her experience to analyze the case. She has a keen eye towards seeing when exaggeration and fabrication are reported by the complaining witness to the police department. The goal with these cases is to ensure that her clients do not receive jail or a criminal record.
- Lisa will be able to evaluate the weakness of the evidence against you and any defenses you have to determine which path is right for your case. The goal is always a dismissal.
- Lisa will give you all the tips on navigating your defense so as to minimize the consequences of false allegations against. If there is an ORDER OF PROTECTION against you, Lisa will explain everything you need to know about the order of protection. It is very important that someone that has on order of protection abide by the judge’s order.
In messy custody battles, accusations of domestic violence can fly like bullets. Some research have reported that false domestic violence accusations occur in 25% of all divorces.
Many people use this as a way to get the upper hand in a custody battle and manipulate the case. A case won by the accuser can ruin the reputation of the accused, keep them from seeing their children and result in a criminal record.
If you are a victim of this, allow Lisa, a skilled criminal defense attorney to gather information and present it to the prosecutor to show them they cannot prove their case. When children are involved, it gets a lot more complicated and if a restraining order and allegations of domestic violence are not properly dismissed or withdrawn, it can give a lot of power to the accusing victim in a custody hearing.
If you believe you’ve been wrongfully accused of domestic violence in the Smiths Clove NY region, the most important thing to do is seek experienced legal representation as soon as possible.
Call Lisa today for a free consultation at 845-605-1101 or fill outour online form here so we can get started on your case right away! It’s time to act now before it’s too late! Don’t let this happen to you – call us today!
Being falsely accused of domestic violence is a stressful event one that requires support, the truth, and the help of an experienced domestic violence lawyer. Being falsely accused of domestic violence is a more common occurrence than you would guess. There are several reasons someone might do this. It’s important not to dwell on someone’s motive, but to take the right steps to avoid jail time or the loss of your belongings, job, or gun rights.
What You Need to Do Immediately After Being Falsely Accused of Domestic Violence in the Smiths Clove NY region
- KNOW YOUR LEGAL RIGHTS. When arrested, exercise your Miranda Rights and call your Criminal Defense Attorney right away.
- Work with your Criminal Defense attorney to navigate the legal system, making sure not to miss any steps.
- Speak with your Family and Friends
For support and even if you are innocent, you may not be able to escape the stigma of the accusation. It’s best to contact close family and friends to keep them current on your situation. They will be more apt to believe you and stand by your side as the case evolves.
- Hide All of Your Personal Belongings
In the event of malice, accusers can and do manipulate evidence using resources within their reach. Make sure to keep your privacy and limit your partner’s access to your resources. This can sometimes mean hiding your bank account information, car title(s), electronics, jewelry, or other items of value that can be easily liquidated.
- Change all of Your Login Passwords
Be sure to change the passwords to all your social media, credit cards, electronic devices, email, applications, and any online shopping outlets, as these can sometimes be misused by the person accusing you.
- Begin Recording and Making Notes of All Interactions with Accuser
Contact should be avoided with your accuser until approved by your domestic violence lawyer. However, if you must interact with them, be sure to retain all written interaction including texts, email, messages, etc. It’s important to remember not to let anybody else read these except your lawyer. Make sure your lawyer is present when answering any formal questions related to the case with law enforcement.
In conclusion, the first thing you should do when facing charges for domestic violence is contact an experienced attorney like Lisa Pelosi who understands how these cases work and will fight for your rights every step of the way. Lisa has the knowledge and skills needed to defend against any type of domestic violence case, including assault charges, sexual assault charges, child abuse charges, stalking charges, strangulation and even homicide. Lisa will be able to help guide you through the process and build a strong case on your behalf.
At The Law Office of Lisa Pelosi, we offer free consultations. Our team has been helping people just like you for years and we want to help give you and your family peace of mind during this difficult time in your life. Let us take care of the legal process while you focus on taking care of yourself.