In New York, if you’re charged with domestic violence, you must prove the reasoning behind the assault. In these cases, there are several possibilities in which abuse is alleged. This could include disciplinary measures taken by parents. It could also include harm inflicted in self defense. To defend yourself against this charge you must present conclusive evidence that contradicts these allegations.
When is Discipline Abuse?
Each state outlines the possibility of domestic violence in a household. This doesn’t indicate that parents who use physical punishment for disciplinary purposes are guilty of abuse. As the laws outline, parents who use these measures for discipline must refrain from leaving bruises or markings. When this is the case, the parent can use justification for the use of non-deadly force to correct their child’s behavior.
However, the presence of physical evidence which implies that the parent habitually inflicts harm upon the child could indicate abuse is present. These allegations are investigated after an initial report is filed. The process requires the Department of Human Services to send a social worker into the home to investigate all allegations made by the child. If you were accused of domestic violence, you should contact criminal defense attorneys in Suffolk County promptly.
When It Is Self Defense
In cases where the accused is the victim, there is often evidence of defensive markings. When law enforcement arrives onto the scene, they take statements from both parties. However, it is the common practice for them to take the individual with the least severe injuries into custody. Your criminal Defense Attorneys in Suffolk County NY can build a case based on self-defense when you were the victim.
Individuals facing domestic violence charges should hire criminal Defense Attorneys in Suffolk County NY as early as possible. The allegations determine the potential penalties based on the severity of the victim’s injuries. In most cases, the victim has the right to acquire an order of protection. When this involves a child or teen, the parent, if the accused, is prohibited from speaking to or visiting the child according to this order. If you are facing these charges, you should hire an attorney immediately.