Impact of New York Domestic Violence Charges
If you are wondering about the impact of New York domestic violence charges, you are in good company. Each year, numerous individuals are charged with domestic violence, and even though many of them are innocent, their lives are changed forever.
If you have been charged with domestic violence, you may need the help of an experienced attorney to avoid harsh sentencing and outrageous consequences.
A qualified domestic violence attorney can provide you with the guidance and assistance you need to face the prosecution and clear your name.Legal Consequences of Domestic Violence Charges
The impact of New York domestic violence charges will largely depend on the nature of the charges. Domestic violence refers to everything from disorderly conduct to murder and kidnapping, and more serious charges almost always warrant more serious punishments.
Penalties include imprisonment, fines, post-release supervision, and other forms of restitution. Simple charges can result in only a few days in jail and a small fine, but more serious felony charges can result in decades behind bars and astronomical fines.
Upon release, convicted individuals will also be forced to go through life with a criminal record. Individuals with past convictions will be sentenced more harshly.Social Consequences of Charges and Convictions
When a person is accused of and found guilty of domestic violence, their reputation will usually be permanently damaged. In addition to a damaged reputation, an otherwise law-abiding citizen will be forced to go through life with a criminal record.
This can be remarkably difficult, and with a criminal record, individuals may face the following challenges:
- Difficulty finding housing or employment: Employers are often less than enthusiastic about the prospect of hiring a person with a domestic violence charge on their record. If a person is currently working, the company they work for may choose to discharge them if they are convicted
- Many landlords also refuse to rent to individuals with a criminal background
- Applying for college or financial aid: If the accused person is convicted of a felony, they will not be able to receive financial aid from the federal government and many colleges will refuse to admit them
- Applying for public assistance: Convicted felons cannot apply for public housing assistance (Section 8), SNAP benefits (food stamps), and other forms of public assistance
- Immigration repercussions: If the convicted individual is not a permanent or naturalized citizen of the United States, they could be deported to their home country if they are convicted of domestic violence
- Loss of voting privileges
- Sex-offender registration – If the domestic violence charge involves a sex crime, the convicted individual may be required to register as a sex offender
The impact of New York domestic violence charges is extensive, and without an attorney, convicted individuals may be forced to watch their entire life unravel.
Some individuals are also forced to abide by unreasonable protective orders that prevent them from contacting their children. If a person is charged with an extremely serious domestic violence charge, they can lose custody of their children and pets as well.Laws Regarding Child Custody and Visitation Following a Domestic Violence Charge
In New York, custody and visitation are determined by family court. The way that the family and criminal courts interact in this type of situation is that if an allegation is made concerning domestic violence, then generally, if there is a custody battle or some sort of marital dispute, the order of protection will have to be subject to any family court orders regarding the same.
For example, if the allegation is domestic violence assault against a spouse and a child is involved in some way, the criminal court order might be required to specifically state that family court orders concerning custody and visitation still apply if there are no allegations of violence against the child and the court determines that there is no imminent threat to the child.
If there is a custody battle and domestic violence allegations concerning the child, most likely the court will issue a full stay away order and suspend any visitation rights. They do not have the authority to amend the family court order, but they have the authority to institute their own order so that even if the family court order allows visitation, the criminal court order will not.Limiting the Impact of New York Domestic Violence Charges
The impact of New York domestic violence charges can spread into multiple areas of your life. Fortunately, working with an established attorney can defend you against these charges and attempt to mitigate the effects that it has on you.