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Domestic Violence FAQ


What is Domestic Violence?

Domestic violence includes spousal abuse (husband or wife abuse), intimate partner abuse (boyfriend or girlfriend), abuse of persons who live together (elder abuse), and abuse of the other parent of a shared child.

What are some acts that qualify as Domestic Violence in New York?

There are many acts that constitute Domestic Violence in New York, including but not limited to: physical abuse, marital rape, assault, hitting, threatening, battery, biting, sexual abuse, chocking, slapping, punching, and victim intimidation. Other forms of domestic violence which may not be criminal include verbal abuse, emotional abuse, and financial abuse.

What are the consequences of a Domestic Violence conviction?

Depending upon the specifics of the case, a domestic violence conviction can result in either a misdemeanor of felony charge. The resulting consequences may include jail time, prison time, probation, fines, anger management courses, and counseling.

How does a Domestic Violence charge affect visitation with my child?

If you have been charged with domestic violence in New York against the parent of your shared child you may need to seek mediation to come to an agreeable arrangement regarding your child visitation. New child visitation rules may apply and your typical child care schedule and freedoms may be taken away. You may be forced to only see your child or children in supervised visitation.

What is supervised visitation?

Supervised visitation is when a parent may only see their child in the presence of another adult who will supervise their interactions at all times. This type of visitation is decided upon with the child's best interest in mind. In certain circumstances you may go to a facility that is used for supervised visitations and other times an adult may accompany you and your child during your activities.

What is considered bodily injury?

Bodily injury is any harm to a person that results in permanent or temporary physical pain, including but not limited to cuts, burns, life threatening injuries, and disfigurement.

Can a police officer arrest me with a warrant?

Yes. If you are not arrested following the alleged Domestic Violence or child abuse occurrence the police may arrest you at another time with a warrant. A detective may gather more evidence about the alleged domestic abuse incident and interview witnesses. The District Attorney may choose to file charges and the judge can issue a warrant for your arrest.
If you have been charged with domestic violence in New York you need to seek the representation of an experienced New York Domestic Abuse Defense Attorney. Call the Law Offices of Michael S. Discioarro,LLC at 917-519-8417today to discuss your domestic violence case.