Under New York law, domestic violence is not the name of a specific crime. Instead, it is a term that represents a category of different criminal acts. Domestic violence can include everything from assault, stalking, and sexual abuse to threats, intimidation, or grand larceny. If criminal acts such as these are committed in an intimate partner relationship, they are forms of domestic violence, and you do not have to be living with or even sleeping with a person to be considered an intimate partner of someone by law. Whether the relationship is over, you are legally married, or you share a child with someone, if you have been or are currently involved in an intimate relationship of some sort and find yourself accused of an act of domestic violence, the ramifications can be grave and far reaching.
What Happens After the Police are Called on You?
The moment you are reported to the authorities for an incident of domestic violence, it is natural to feel a sense of panic or uncertainty. What will happen when the police arrive? Will you be immediately arrested? Where do you turn to share your side of the story, and how do you know your rights will be protected in the event of false allegations? If you ever find yourself in such a circumstance, it is helpful to be aware of what to expect after the police have been called. Here is what you need to know:
- You could be arrested. Police have “mandatory arrest” protocol in New York State for cases of domestic violence. This means that they must make an arrest anytime a felony is committed, or when an abuser disobeys an order of protection. For example, if you were to violate an order of protection by committing a family offense crime or making contact when a stay-away order has been filed against you, the police will probably arrest you at the scene.
- Exceptions may apply. If the victim requests to forgo arrest, and if there is no order of protection or the alleged abuser has committed a misdemeanor crime, the mandatory arrest does not necessarily apply. However, if the police feel arrest is still the best course of action, they may still proceed in taking the suspected abuser to jail, despite the victim’s request.
- Running is not a good option. If you are accused of domestic violence and flee the scene before the cops arrive, you could still be subject to mandatory arrest. Not all arrests happen immediately after the moment the police are called.
Following Your Arrest
After the arrest, the abuser is subject to an arraignment hearing before a judge. This usually happens within 24 hours of the arrest. At this time, the judge can decide to grant you bail, hold you in prison without bail, or release you and have you come back to court later to address the charges against you.. An order of protection may also be issued against you, which establishes rules, terms, and conditions you must follow while the order remains in effect.
Reach Out to a Manhattan Domestic Violence Defense Attorney
When you are accused of a domestic violence crime, time is of the essence. It is crucial to know how to protect your rights before and after the police arrive. If someone has called the authorities on you and you are not sure where to turn, contact a skilled, seasoned New York City domestic violence defense lawyer right away. Call JOEY JACKSON LAW, PLLC today at 1-833-JOEYJACKSON or 1-833-563-9522 for a case evaluation.