Defending You Against Domestic Violence Charges

The consequences of domestic violence allegations can be detrimental regarding your professional reputation and your personal and family life. You will need on your side an attorney who understands criminal law and how family law proceedings can impact a domestic violence criminal charge.

If you have recently been arrested for a domestic violence case involving your spouse, partner, child, sibling or any other family member, I am sure that you are extremely confused and have numerous questions regarding what is going on and what you should do. Trust me, you are not alone. Contact the Law Office of Luke Scardigno and let me help you.

The Complexity Of Dealing With Domestic Violence Charges

It has been reported that in the year 2013, there were 284,858 domestic violence incidents reported to the police in New York City alone! The 2014 number was 282,648 citywide, with 56,708 attributed to Queens County, NY. The Bronx had 81,870 incidents. And Brooklyn led with 87,828! That does not include domestic violence incidents in Nassau and Suffolk County. In 2013, Queens County alone accounted for 20 percent, for a total of 55,993 domestic violence incidents. Brooklyn had 90,459 incidents, and The Bronx had 80,281 incidents. Some precincts in Queens have a much higher average of domestic violence incidents reported daily than other precinct, i.e., the 101st, 105th and the 113th precincts in NYPD Queens South. Seventy-five percent of domestic violence victims never have had prior contact with the police. These above 2013 statistics are sobering and were given by Rosemonde Pierre-Louis, the Commissioner of the Mayor's Office to combat domestic violence.

Further statistics on domestic violence in Nassau County for 2014, shows that there were 2,360 alleged domestic violence victims: 1,611 for simple assault; 248 for aggravated (felony) assault; 459 for violation of an order of protection, and 42 for sex offenses.

Each district attorney's office has a separate Domestic Violence Unit to address these incidents. Queens County District Attorney, Richard Brown, announced on Tuesday, Oct. 28, 2014, that Queens has won a $900,000 federal grant to combat domestic violence against women, as reported in the Daily News by Eli Rosenberg. That is all and well, if in fact this grant money is put forth to protect the real victims of domestic violence. Unfortunately, not all domestic violence claims are created equal. Yes, some victims of domestic violence do not tell the truth! They may, in fact, outright lie in order to gain the upper hand in a family court or divorce proceeding for child custody; or to take exclusive possession of the home and other property; or to cover up an extramarital affair; or to gain immigration status in the country. Those are only a few examples.

If not handled properly, accusations of domestic violence can lead to jail time, fines, probation, restraining orders, orders of protection, violations of orders of protection, the loss of child custody and visitation rights, exclusion from your home, and even the loss of your job. These cases need to be handled by lawyers with a high level of experience in the criminal justice system. These are not the type of cases where a lawyer should start learning how to handle a criminal case. I will offer you the high level of experience and professionalism you need to help you in this very confusing and sensitive time in your life.

Experienced And Aggressive Domestic Violence Attorney

At the Law Office of Luke Scardigno, I have focused on New York Criminal Defense of Domestic Violence Cases for close to 30 years. I will protect your rights throughout the entire criminal court process — from investigating the allegations against you; contacting the police to discuss the allegations involved; surrendering you to police if that is required; challenging the order of protection, to ultimately defending you against the domestic violence charges in criminal court.

Stop being confused! Stop not knowing the answers to your questions. Call me at 718-414-6186 or contact me online for a free consultation so that I can answer all of your questions. I am an attorney located in Queens County, Kew Gardens, who knows the answers to your questions, such as: Why is the detective still looking for me when my girlfriend, boyfriend, husband, wife, child or any other family member, told the detective that he or she does not want to pursue the charges any longer? I will explain to you why and how the prosecutor will attempt to prosecute you even though the complainant wants to drop the charges against you. My job is to help you get your life back to where it was before the arrest.

Surrendering To The Police

When a police officer or detective tells you that "anything you say can and will be used against you," they mean it. The problem is that you may not get those warnings until after the police question you. You should never walk into a police interrogation situation without knowing your rights and not being represented by defense counsel.

If you have been contacted by the police or a detective because of a domestic violence complaint, he or she may say "We just need to talk to you and straighten a few things out. Come down to the precinct to talk." Do not do it without giving me a call! What that really means is you will be questioned and then arrested.

Be prepared for this, and do not be caught off guard. You should not ever go to a police precinct on your own in this situation. You should contact a criminal lawyer who knows the criminal justice system. Who has fought that fight many times before. I will protect your rights by contacting the police on your behalf. I will properly explain your side of the story to the police and offer evidence that may avoid your being arrested. I will facilitate your surrender, only if necessary, so that the police do not show up unannounced at your home, or even worse, your place of employment, to place you under arrest. I will defend you for any type of domestic violence crime you may be charged with, including the most common allegations:

As your criminal defense attorney, I will be by your side throughout the entire process, for whatever domestic violence charges are brought against you. Through creative investigation, skilled negotiation and careful preparation, it is possible to have these cases dismissed. If that is not possible, then we will discuss the possibility of the charges being reduced to a noncriminal offense, such as a violation of disorderly conduct or harassment, if your case calls for that type of disposition.

Fighting Orders Of Protection

Full "stay away" restraining orders of protection, which are always part of a domestic violence case, can make life difficult to manage. You may not be able to go to your home, and you may not be able to see your children. You cannot go home, even to pick up your clothes or personal belongings, without a court order. If there is an order of protection against you, I will work hard to:

  • Arrange a way for you to pick up your belongings without violating the order of protection.
  • Ask a family court judge to grant you visitation rights if your children were included in the order of protection.
  • Has the order of protection fully terminated, or have it reduced to a limited order of protection, which means you can see, be around, talk to and even live with the person named in the order of protection, as long as you do not assault, threaten, menace or harass the party named in the order.

Domestic violence charges are hard on the entire family, and I understand how important it is to have access to the essentials of your daily life, and to spend time with your children during this time.

Defending You Against The Criminal Charges Of Domestic Violence

A criminal domestic violence conviction can have a lasting impact on your future. In addition to the immediate consequences like jail time, probation, fines and domestic violence programs, you could have a difficult time getting a job, or face an uphill battle in the family or Supreme Court proceedings, which may be pending against you. Accusations of threats, assault and harassment by a spouse or partner are often connected to a divorce or family court family offense, or custody and visitation proceedings. I am able to assist you in those matters as well. Not all lawyers are qualified to handle both criminal and family court matters.

Orders Of Protection In Criminal, Family And IDV Court

I also have extensive experience challenging orders of protection in family court, and in the Supreme Court Integrated Domestic Violence system, commonly referred to as IDV Court. IDV Courts have been established in criminal court for each county in the New York City area. Call me for a free consultation if you have a case pending in IDV Court.

Free Consultation With An Experienced Criminal Defense Attorney

Contact me online or call me at 718-414-6186 as soon as possible for a free consultation. As an experienced domestic violence lawyer, let me use my extensive knowledge to represent you in Queens, Brooklyn, New York City and The Bronx, as well as Nassau and Suffolk County, in all cases involving domestic violence, assault, harassment and violations of orders of protection. My office is located close to the Queens Criminal Courthouse. My address is 123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415.

Spanish, Italian and Greek language services are available.