Following a New York Spousal Abuse Arrest

If an accusation is made, most likely the result will be that law enforcement arrests the person who is being accused. They will be taken to the station and attempt to question them. The individual may demand that they get to consult an experienced spousal abuse attorney. They may be formally charged following a New York spousal abuse arrest. The charge will be based on the accusation such as assault or harassment. 

The case will then be brought in front of the arraignment judge, and an order of protection will be issued. Generally, those orders of protection at arraignment tend to be full orders of protection, even if the parties are married. Until that order is modified, that spouse is prohibited from communicating in any way with their marital partner or living in the marital home.

Expectations for Those Accused of Spousal Abuse

Accused individuals can expect that they are most likely going to be arrested after the involvement of law enforcement. Following a New York spousal abuse arrest the individual may be taken down to the local precinct, processed, and fingerprinted. Generally, being charged with a domestic crime is a very unpleasant and humiliating process.

They will be transported to the local criminal court for whatever county these accusations happens in, be brought in front of a judge to have their formal charges formally instituted. They will be read the terms of the order of protection that is being issued regarding the case. They will have to endure all of this whether or not they did what they are accused of.

Abuse Protection Orders

A very public showing that they have been charged like this culminates in a humiliating recitation of the order protection telling them that they are not to communicate in any way with their spouse. The individual cannot contact the accuser, via phone call, email, text, or social media such as Facebook or Twitter. Legally, the individual cannot have someone else contact them on their behalf. 

If they have children together, they cannot get the children to talk to the other parent on their behalf. Family members and friends do not necessarily have to pick a side and not speak to one or the other, but they are prohibited from speaking to the complainant about the case on behalf of the defendant.

Specifics of Abuse Cases Involving Married Couples

When dealing with married couples, they frequently live in a place that is jointly owned or leased, so the defendant may end up being responsible for the mortgage or rent for a place that they cannot live. There are a lot of reasons why having an attorney advocate early for them can make a difference in terms of the case, one of the more significant concerns a defendant’s general finances if they do not have place to go.

Having a spousal abuse attorney is important in terms of litigating the case, knowing the elements that the prosecutor is required to prove, understanding how to investigate whether or not these things actually happened, and knowing how to effectively convey that to a prosecutor in a way that establishes that the defendant did not do the things that they are accused of doing.

Consulting an Attorney

At the arraignment following a New York spousal abuse arrest, the full order protection is generally issued. Judges almost never issue a limited order at the arraignment, which means that if the spouses were living together, the defendant has to find a new place to go. Hopefully, there will be close friends or other family nearby, but sometimes that is not case. Some are fortunate and wealthy enough to find a hotel or motel, but sometimes people get put on the street.

Having an attorney who knows the process and who knows that it can be an issue can attempt to work things out with the prosecutor earlier rather than later. A spousal abuse attorney can try to get the prosecutor to speak with the complainant in the case and to see if they would consider a limited order of protection, so that the defendant can go home.