You can be arrested for domestic violence in the state of New York if you are abusive toward a family member or intimate partner. In the state, an intimate partner is defined as a former or current spouse, boyfriend or girlfriend, the parent of your child or a partner who lives with you.
Also, domestic violence is not just physical. It can be economic, psychological, physical or sexual. Understanding what happens if you are arrested for domestic violence will help you know what to expect and put you in a better position to protect your rights.
After the domestic violence arrest
Once you are arrested for domestic violence you will have to appear before a judge in an arraignment. During the arraignment, the case against you is presented under the “People of the State of New York.” It is during the arraignment that the judge will determine if you can be bailed out of jail or if you will remain until your trial.
In most cases, the arraignment will happen within 48 to 24 hours of the arrest. If bail is set by a judge and someone posts it on your behalf, you will be released from jail.
Once the arraignment is complete, an Order of Protection may be put in place. This instructs you (the accused) that you must refrain from future interactions with the victim. If you break the Order or Protection, you can be re-arrested and given additional charges, so make sure that you fully understand the rules you have to follow.
Protecting your rights when charged with domestic violence
If you are facing domestic violence charges, it can be a confusing situation. It’s best to get to know what legal options you have so you can protect your rights.
