If you have been accused of Domestic Violence in Smithtown NY, a domestic violence lawyer can help you navigate the complexities of the law to ensure your rights are protected. They will also discuss with you the actions to take going forward. Domestic violence is defined as an act of violence or threat of violence against a person with whom you have an intimate relationship. These actions may be committed to intimidate, control, punish or exact revenge.
Intimate relationships include not only spouses, but former spouses, domestic partners, and couples who have had a child together, even if they have never been married. & What the law considers an act of violence can range from breaking a cell phone due to resentment of her or him flirting with others. It can also deal with a partner screaming at the other in a public place. If you have been convicted on charges of Domestic Violence in Smithtown NY, you will face several sanctions, including permanently losing the right to ownership or possession of a firearm.
And if you are involved in a custody battle, the conviction of domestic violence against you will mean you are not considered in the best interests of the child. You may also be required to take at least 36 weeks of mental treatment even if you received a deferred judgment and sentence. An important reason you should hire an attorney is if you have been falsely accused of this crime. False accusations of domestic violence are common for a number of reasons. For example, an overprotective teacher can file a report of child abuse against a parent based on their lack of understanding of an injury to a student. In cases like this, a Domestic Violence in Smithtown NY, lawyer can make your case and put events into prospective to ensure a strong defense that increases the chances of an acquittal.
Another thing to consider is that each state has laws requiring a mandatory arrest in cases of domestic violence. That means the police must make an arrest if they are called out and there is probable cause to believe that the suspect committed an act of domestic violence. Even if the victim changes their mind and decides they no longer wish to pursue the case, the final decision on whether charges should be filed rests on the prosecutor. A skilled domestic violence attorney like The Law offices of Mitchell M. Shapiro PC will listen to your story and help you avoid a conviction.
