Violent Crimes
Domestic Violence
Domestic violence arrests are some of the most emotionally charged, rapidly developing situations in criminal law. Within hours of a call to police, you can find yourself arrested, processed, ordered out of your own home, and facing an order of protection that prevents you from seeing your children. The criminal system moves quickly in these cases — often without giving the accused a full opportunity to explain what actually happened.
I want to be direct with you: I am not here to judge what brought you to this point. Domestic violence situations are rarely simple, and the criminal justice system is not designed to handle complexity well. What I am here to do is make sure that your side of the story is heard, that your rights are protected, and that the consequences of this arrest do not follow you for the rest of your life in ways that are unjust.
What Happens After a Domestic Violence Arrest in New York
Domestic violence cases in New York are prosecuted aggressively, and they follow a specific path that is important to understand:
The arrest. Police in New York are trained to make an arrest in domestic incidents whenever there is visible evidence of injury or a credible allegation of physical contact. Even if the alleged victim does not want you arrested, the police can — and often do — make an arrest anyway.
The order of protection. At your arraignment, the court will almost certainly issue a temporary order of protection on behalf of the complaining witness. This order may prohibit you from returning to your own home, contacting your partner, and in some cases seeing your children. Violating an order of protection is a separate criminal offense.
The prosecution continues even if the victim wants to drop charges. This is one of the most important things to understand. Once an arrest is made in New York, the case is in the hands of the District Attorney's Office — not the victim. The DA can and does proceed with prosecution even if the complaining witness later recants or does not want to cooperate. This is why having an attorney immediately is critical.
The case in court. Domestic violence cases in Rockland County are typically arraigned in the local justice court — Clarkstown, Ramapo, or Orangetown depending on where the incident occurred — and misdemeanor cases are resolved there. Felony charges move to Rockland County Court. Cases involving both criminal charges and family court matters (custody, orders of protection) may be heard in Integrated Domestic Violence (IDV) court.
Penalties and Consequences
The criminal penalties depend on the specific charge. Common domestic violence charges in New York include:
- Harassment in the Second Degree (§ 240.26): Violation — not a crime, but often part of a package of charges
- Assault in the Third Degree (§ 120.00): Class A misdemeanor — up to 1 year in jail
- Assault in the Second Degree (§ 120.05): Class D felony — up to 7 years in prison
- Criminal Obstruction of Breathing (Strangulation — § 121.11/121.12): Class A misdemeanor or D felony
Beyond the Criminal Penalties
Beyond the criminal penalties, a domestic violence conviction can affect your custody and visitation rights in Family Court, your professional licenses, your ability to possess a firearm, and your immigration status.
How These Cases Are Defended
Effective domestic violence defense often involves: investigating the full circumstances of the incident; examining whether the alleged victim's account is consistent with the physical evidence; challenging the basis for the arrest; and, where appropriate, presenting the full relationship history and context to the prosecutor. In cases where the complaining witness does not wish to cooperate with prosecution, there are strategic ways to use that reality in negotiating a favorable resolution.
Frequently asked questions
Speak with Yvonne directly
Domestic violence arrests require immediate action. Call (845) 290-2492 right now — available 24 hours a day, 7 days a week. Everything you share with me is completely confidential. Se habla español.