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, including pets, 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
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 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 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 never 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 you 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:
- Physical assault
- Threats of physical violence, known in New York as harassment
- Strangulation, known as criminal obstruction of breathing
- Child abuse, neglect or another form of endangering a child’s welfare
- Making threats and menacing a family member
- Violations of protective orders
As your criminal defense attorney, I will be by your side throughout the 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 I 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.
- Have 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 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 counties, 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, New York, 11415.
Spanish, Italian and Greek language services are available.