Domestic violence is a grave crime recognized in every state, and New York is no exception. If you’re accused of a domestic violence offense, this could adversely affect your life holistically. A domestic violence conviction could prevent you from gaining new opportunities and hinder your existing relationships.
The Law Office of Gina Wicik focuses on criminal defense and legal consultation related to domestic violence crimes. We understand the emotional and psychological burden you’re dealing with and are here to provide you with the legal assistance and support you need.
Our knowledgeable attorneys have years of experience defending domestic violence cases and will stand by your side to protect your rights. We’re dedicated to providing quality legal representation tailored to meet each of our client’s needs.
Impact of Domestic Violence on a Family and New York Law
Domestic or family violence laws can be very complex and challenging to navigate. Because of this, hiring one of the best domestic violence lawyers in New York is crucial. They can help investigate the case and build an effective defense on your behalf.
New York domestic attorneys are well-versed in New York state laws, regulations, and proceedings, which can benefit your case. Although you can count on your domestic violence lawyer for the legal technicalities of your case, it’s still important to recognize the laws related to domestic violence cases.
In New York, the N.Y. Family Court Act § 812 is one of the primary laws related to domestic violence charges. This legal statute covers the definition of domestic violence and what makes a crime a valid domestic violence case. According to this statute, the court will consider the following factors before making a domestic violence charge:
The nature of the relationship between the defendant and the victim.
The frequency of interaction between two parties.
The duration of the relationship between the two parties.
It’s important to note here that domestic violence is not limited to crimes inflicted on a spouse. The court can award you with domestic violence charges if you hit your children, parent, extended family member, past intimate partner, or even a roommate.
Domestic violence is a criminal offense encompassing physical and emotional harm, intimidation, threats, stalking, or harassing behavior. It’s critical to contact an experienced New York domestic violence attorney as soon as possible if you’re accused of a domestic violence crime.
The Law Office of Gina Wicik is here to protect your rights and provide quality legal counsel tailored to meet your needs.
Experienced New York City Domestic Violence Lawyer Near You
With over decade of legal experience, The Law Office of Gina M. Wicik has helped countless domestic violence defendants in New York. Our accomplished attorneys understand the gravity of your situation and are dedicated to providing quality legal representation.
We provide free legal consultation to assess your case and develop an effective defense strategy tailored to meet your needs. With our skilled lawyers on your side, you can rest assured that we will make every effort to protect your rights as a defendant.
If you stumbled here, you might be tapping on your keyboard to find the “Best Domestic Violence Attorney near me in New York, NY.” Luckily for you, your search has come to an end. With The Law Office of Gina M. Wicik, you can expect the following services:
Meticulous case investigation: We’ll look thoroughly at the facts of your case and help uncover any evidence that can support your argument in court.
Experienced and confident representation: Our NYC domestic violence lawyer is well-versed in domestic violence proceedings. With our wealth of experience, we’ll craft a strong legal defense to ensure you receive fair treatment under the law.
Tailored criminal defense strategy: No two cases are the same. That’s why our experienced attorney will work with you to develop an effective legal strategy tailored to your unique case.
Penalties for domestic violence can be severe in New York. But with the right legal representation, you can rest assured that your rights and freedom will be well-protected.
Penalties for Domestic Violence
The penalty you could face from a domestic violence conviction varies depending on the nature of your case. If the court gives you a felony offense, you’ll face heavier and more expensive penalties compared to a misdemeanor offense.
In New York, your penalty is dependent on the severity of the offense. If given a misdemeanor domestic violence offense, you could face the following: Class A misdemeanor: Up to one year in jail and a penalty fine of up to $1,000. Class B misdemeanor: Up to 90 days or three months in jail and a penalty fine of up to $500.
The penalty for a felony domestic violence offense is more severe and often involves a life-long term:
Class A-1 felony: Between 15 years to a lifetime imprisonment. Class A-2 felony: Between three years to a lifetime imprisonment. Class B felony: A maximum of 25 years imprisonment. Class C felony: A maximum of 15 years imprisonment. Class D felony: A maximum of seven years imprisonment. Class E: A maximum of four years imprisonment.
On top of that, you could also be penalized with a $5,000 penalty fine or higher, a restraining order, and extensive hours of community service. The court could even bar you from owning firearms for life.
At The Law Office of Gina M. Wicik, our experienced New York domestic violence attorney is here to help you through this time of difficulty. With our tenacity and experience, we can ensure that your rights will be respected and protected fairly under the law.
Trusted Representation
Domestic violence is complex and emotionally challenging; that’s why you should rely only on the expertise of an experienced New York Criminal defense lawyer.
The scope of domestic violence is vast. Different kinds of abuse fall under this umbrella, including psychological, emotional, and physical abuse. Here are some of the most common types of domestic violence in New York :
Physical abuse
This type involves inflicting physical pain or injury on another person. It could be hitting, pushing, slapping, biting, restraining, kicking, burning, and other violent physical behavior.
Financial abuse
This type involves using money to control another person. It could include taking control of the victim’s finances, restricting the victim from having access to their funds or making them give away their possessions.
Emotional and psychological abuse
This type involves manipulating a person through guilt, shame, humiliation, and other tactics to gain power over them.
Sexual abuse
Although sexual crimes are separate offenses from domestic violence, they can still be considered domestic violence if it happens within the household or among family members.
Abuse by immigration status
This is seen in many cases where the abuser is a naturalized citizen, and their partner is not. The abuser will threaten the victim with deportation or hide their passports if they do not comply with the abuser’s demands.
Contact Our
Domestic Violence
Lawyer Today!
At The Law Office of Gina M. Wicik, our knowledgeable and experienced legal team is here to provide you with the legal representation you need. We can assess your case and help you find the best possible outcome.
Our principal attorney will ensure that your rights are respected throughout the entire legal process so that justice can be served and peace of mind restored. Contact us today for a free consultation.
Gina is a get it done kind of person she took the time to explain the legal language to me and what I was signing. She was direct and answered all my questions. I would definitely hire Gina again
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Frequently Asked Questions
What is the penalty for domestic violence in New York State?
The penalties for domestic violence in New York State can vary significantly based on the severity of the offense. They may include fines, probation, mandatory counseling, and imprisonment, with more severe cases potentially leading to felony charges and longer prison sentences.
How long does a restraining order last in New Jersey?
A restraining order in New Jersey typically lasts until it is vacated by the court or until the expiration date specified in the order, which can be permanent or temporary, depending on the circumstances of the case.
Can a domestic violence lawyer help me get a restraining order?
A domestic violence lawyer can assist you in obtaining a restraining order by guiding you through the legal process, ensuring all necessary documentation is filed correctly, and representing your interests in court to enhance your chances of success.
Do I need a lawyer for a domestic violence case in NYC?
The necessity of a lawyer for a domestic violence case in NYC is crucial. An experienced attorney can help navigate the complex legal system, protect your rights, and provide essential support throughout the process.
How long does a domestic violence case take in NYC?
The duration of a domestic violence case in NYC can vary significantly based on factors such as the complexity of the case, court schedules, and whether a plea deal is reached. Typically, these cases may take several months to resolve.
What are the consequences of domestic violence in New York City?
The consequences of domestic violence in New York City can include criminal charges, restraining orders, loss of custody rights, and significant penalties such as fines or imprisonment, along with long-term effects on personal and professional relationships.
How do I report domestic violence in New York City?
Reporting domestic violence in New York City involves contacting the police by calling 911 for immediate danger or reaching out to the NYC Domestic Violence Hotline at 1-800-621-4673 for support and resources.
Can I file for divorce due to domestic abuse in NYC?
You can file for divorce due to domestic abuse in NYC. New York law recognizes domestic violence as valid grounds for divorce, allowing victims to seek legal separation and protection from their abuser.
What is the process for filing domestic violence charges in NYC?
The process for filing domestic violence charges in NYC involves reporting the incident to law enforcement, who will investigate and may arrest the alleged offender. Victims can also seek an order of protection through the court.
Can a domestic violence lawyer help me with child custody?
A domestic violence lawyer can assist you with child custody matters by advocating for your rights and ensuring that any allegations do not unfairly impact custody decisions. Their expertise is vital in navigating the complexities of such cases.
What are the penalties for domestic violence in New York State?
The penalties for domestic violence in New York State can vary significantly based on the severity of the offense, ranging from misdemeanors with potential jail time and fines to felonies that may result in lengthy prison sentences and mandatory counseling.
How do I find a domestic violence attorney in Newark?
Finding a domestic violence attorney in Newark involves researching local law firms, checking online directories, and reading client reviews. Consider scheduling consultations to discuss your case and determine the best fit for your legal needs.
How can I prove domestic violence in court in Newark?
Proving domestic violence in court in Newark requires presenting evidence such as police reports, medical records, photographs of injuries, witness testimonies, and any relevant communication like texts or emails that support your claims.
Can a NYC domestic violence lawyer help me get a restraining order?
A NYC domestic violence lawyer can assist you in obtaining a restraining order by guiding you through the legal process, ensuring all necessary documentation is properly filed, and representing your interests in court to protect your safety.
What are the penalties for violating a restraining order in NJ?
The penalties for violating a restraining order in NJ can include criminal charges, fines, and potential jail time, depending on the severity of the violation. Repeat offenses may lead to more severe consequences.
How does a domestic violence lawyer protect victims rights?
A domestic violence lawyer protects victims' rights by providing legal representation, ensuring their voices are heard in court, advocating for protective orders, and guiding them through the legal process to secure their safety and well-being.
Can I file a restraining order without a lawyer in Newark?
You can file a restraining order without a lawyer in Newark. However, having legal assistance can help ensure that your rights are fully protected and that the process is handled correctly.
What are the benefits of hiring a NYC domestic violence lawyer?
The benefits of hiring a NYC domestic violence lawyer include expert legal guidance, protection of your rights, and tailored strategies to navigate the complexities of domestic violence cases, ultimately increasing your chances of a favorable outcome.
How do I find a reputable NYC domestic violence lawyer?
Finding a reputable NYC domestic violence lawyer involves researching attorneys with experience in domestic violence cases, checking online reviews, and seeking referrals from trusted sources. Schedule consultations to assess their expertise and approach to your specific situation.
What is the process of filing a domestic violence complaint?
The process of filing a domestic violence complaint involves reporting the incident to law enforcement, providing details of the abuse, and potentially obtaining an order of protection. It's essential to document evidence and seek legal assistance for guidance throughout the process.
What is the role of a domestic violence attorney in court?
The role of a domestic violence attorney in court is to advocate for their client’s rights, present evidence, and build a strong defense against allegations, ensuring that the legal process is fair and just.
How do I find a domestic violence lawyer in NYC?
Finding a domestic violence lawyer in NYC involves researching legal professionals who specialize in such cases. You can start by searching online, reading reviews, and asking for referrals to ensure you choose an experienced attorney who understands your needs.
How can I get a restraining order in Newark NJ?
To obtain a restraining order in Newark, NJ, you must file a petition at the local courthouse, providing evidence of the abuse or threat. It’s advisable to seek legal assistance to navigate the process effectively.
What are the consequences of domestic violence in New Jersey?
The consequences of domestic violence in New Jersey can include criminal charges, restraining orders, loss of custody rights, and potential jail time. Offenders may face significant legal penalties and long-lasting impacts on their personal and professional lives.
What evidence is needed for a domestic violence case?
The evidence needed for a domestic violence case includes photographs of injuries, medical records, police reports, witness testimonies, and any communication such as texts or emails that demonstrate a pattern of abuse.
How can I prepare for a court hearing?
Preparing for a court hearing involves gathering all relevant documents, understanding the charges against you, and discussing your case thoroughly with your attorney. Practice your statements and questions to ensure clarity during the proceedings.
What are my rights during a domestic violence trial?
Your rights during a domestic violence trial include the right to legal representation, the right to present evidence and witnesses, and the right to cross-examine the prosecution's witnesses. It's essential to understand and assert these rights to ensure a fair trial.
How can a lawyer assist with restraining orders?
A lawyer can assist with restraining orders by providing legal advice, preparing necessary documentation, representing clients in court, and ensuring that their rights are protected throughout the process.
What should I do if I am falsely accused?
If you are falsely accused, it is crucial to remain calm and seek legal representation immediately. Document all evidence and communication related to the accusation, and avoid discussing the case with anyone except your attorney.
How can I find support services for victims?
Finding support services for victims involves researching local organizations, shelters, and hotlines that specialize in domestic violence. Many resources are available online, or you can contact legal professionals for recommendations tailored to your situation.
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