Rights During a New York Domestic Violence Investigation

If a family violence case begins with one of the parties calling 911, generally speaking, the other party can be considered the aggressor. However, this is merely an assumption typically made by the police. The New York Police Department (NYPD) is supposed to conduct an investigation when they arrive on the scene. 

If you are accused of a family violence offense, a distinguished criminal attorney can help you protect your rights during a New York domestic violence investigation. Contact a domestic violence lawyer as soon as possible. 

How Do Domestic Violence Arrests Typically Occur?

Often one party will instigate or somehow initiate the violent contact and the responding party defends themselves by causing some sort of injury. Even if that injury is minor to that initial aggressor, the police often only address the injured party. The responding party is often arrested despite not being the one who started the fight.

It is difficult for the NYPD to arrive at the scene and know exactly what happened. They tend to try separating the parties and questioning the parties and any witnesses. To the extent that they can, the NYPD will try to make a determination of what happened. Often, when the police arrive, the alleged victim accuses a threat or violence which typically leads to an arrest.

Rights of the Accused During a Domestic Violence Investigation

The accused individual retains all rights during a New York domestic violence investigation such as the right to remain silent and the right to have an attorney present during questioning. The nature of the allegations does not remove an individual's right to not answer police questions. The police do not have an absolute right to question them outside the presence of their attorney.

How Are Those Accused of Family Violence Often Treated?

Generally speaking, society views domestic violence as a person in a position of power, victimizing and abusing somebody who is more vulnerable or weaker. Because of the emotions surrounding these charges, people tend to be convicted by public sentiment or in the media (if there is any media attention) before any of the facts are known. 

The general public is so conditioned to protect people who are vulnerable that and so outraged by the behavior, they tend to lose the ability to separate what potentially happened with whether or not a person might have actually done it. Judgments are made based on emotion and sentiment rather than fact. Therefore, it can be critical to discuss your rights during a New York domestic violence investigation with an established attorney.