Long Island Domestic Violence Lawyer

Domestic Violence/Battery

Our Long Island domestic violence attorney, Andrew Karpf, understands that many people are involved in bad relationships. But when things turn physically violent, or even threaten to do so, then the law may get involved. In general, a person can be charged and tried for domestic violence if they commit or threaten violent acts against an intimate partner. And even in situations where the alleged victim recants or changes their story, prosecutors may still decide to proceed with a criminal case. So if you are facing domestic violence allegations, it is imperative you work with a qualified criminal defense lawyer.

Domestic Violence Laws in New York

The term “domestic violence” in New York is often defined as any act of abuse that is committed against a “spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” In other words, domestic violence does not just include acts involving married persons. It can involve a roommate, boyfriend, girlfriend, or the mother or father of your child.

If you’re facing these kinds of charges, a domestic violence lawyer can help explain your rights and protect your future.

One of the more common domestic violence charges is “domestic battery.” Battery is any action that inflicts force or violence against another person. Crucially, domestic battery only requires proof the defendant made physical contact with an intimate partner, not that there was necessarily any damage. So if two people are dating, get into a fight, and one party pushes the other person onto the ground, that is considered domestic battery, even if the person who was pushed did not sustain any noticeable injuries.

Domestic battery may be charged as a misdemeanor, although this may depend on the law and the circumstances. This means that if convicted, a defendant faces jail time and a substantial fine. In many cases, however, a judge will order probation instead, which includes completion of mandatory counseling or a batterer’s treatment program.

Penalties and Legal Consequences

If you’re charged with domestic battery, the penalties can be serious. You might face jail time, fines, or probation. Sometimes a judge orders counseling or a batterer’s treatment program. The consequences don’t stop there. Convictions can affect your ability to have or buy firearms, your job, and even child custody rights. If you’re not a U.S. citizen, a domestic battery conviction can hurt your immigration status. This is why getting a strong defense matters.

Common Defense Strategies

There are several ways we defend clients accused of domestic battery. Sometimes the act was self-defense—meaning you were protecting yourself from harm. Other times, the contact was accidental or didn’t meet the legal definition of battery. In some cases, false accusations happen, especially in tough breakups. We look for evidence like texts, videos, or witness statements that support your side. Building a clear defense can make a big difference in the outcome.

How the Arraignment and Court Process Works

After an arrest, you will appear for an arraignment, where charges are formally read. This usually happens quickly after the arrest. Bail may be set, or you could be released on your own recognizance. There will be hearings before trial where evidence is shared and pleas can be discussed. If a plea deal makes sense, we’ll explain your options. If not, we prepare to fight for you in court. The process can be confusing, but we make sure you understand each step.

Orders of Protection and Restraining Orders

If someone feels threatened, they can ask the court for an order of protection. This order can require you to stay away from the person or stop contacting them. There are temporary orders, which last until a full hearing, and full orders that can last longer. Violating these orders is a crime and can lead to arrest and more charges. It’s important to know what these orders mean and how to follow them.

Impact on Immigration and Visa Status

Domestic battery charges don’t just affect your criminal record—they can also affect your immigration status. If you’re a green card holder or on a visa, a conviction might cause immigration officials to deny renewal or deport you. Even if charges are dropped, just being accused can cause issues. That’s why it’s important to have a lawyer who understands both criminal and immigration laws and can protect your rights.

Other Crimes of Domestic Violence

Beyond domestic battery, there are a number of other offenses that fall within the broader category of domestic violence, including but not limited to:

• Corporal Injury – This is a charge that applies when someone causes any type of physical injury to a spouse or cohabitant.
• Child Abuse – A parent who inflicts corporal punishment on a child can face child abuse charges.
• Child Endangerment – Even if a parent does not personally physically abuse their child, they can still be charged with endangering their welfare if they permit or allow someone else to abuse them.
• Criminal Threats – If you merely threaten a family member or cohabitant with serious harm, even if you never act upon it, that can still be charged as either a felony or misdemeanor.

Get Help from a Domestic Violence Defense Lawyer

There are often serious consequences to a domestic violence conviction that go beyond jail time. A person may also face the loss of custody rights to their children, be subject to a restraining order, and even face deportation if they are an immigrant living in the United States. This is why you need to take even misdemeanor domestic violence charges seriously. Contact The Law Offices of Andrew Karpf if you need to speak with a Long Island domestic violence attorney right away.