Buffalo Domestic Violence Attorneys
Experienced Lawyers Protecting Against Domestic Violence Charges
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For many decades, New York domestic violence law required battered, financially dependent spouses to proactively file charges against the family’s breadwinner, creating an unreasonable and untenable situation that left many families unprotected.
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This was obviously not in the best interest of New York families, so the state has more recently adopted a different approach, and as experienced Buffalo domestic violence attorneys, it is our belief that in this area, the pendulum has swung too far in the direction of an unreasonable definition of “family protection.”
For instance, when charges of domestic violence are filed, the accused is generally excluded from his or her family residence by an order of protection. This means that whatever the cause of the initial conflict – which may not have involved violence at all, and which may have promptly blown over – the family may be forced to maintain two residences for several months until the order of protection is removed.
The accused may not have access to his or her children during this time, which can cause considerable hardship and additional financial burdens on the family.
At Friedman & Ranzenhofer, our Buffalo domestic violence attorneys know that allegations of domestic violence are often used for leverage in divorces, custody battles, or even for effect during an argument. Often, the spouse who made the allegation had no idea what the effects would be, or that it would create such a distressing situation for the family, the children, and the finances.
This was obviously not in the best interest of New York families, so the state has more recently adopted a different approach, and as experienced Buffalo domestic violence attorneys, it is our belief that in this area, the pendulum has swung too far in the direction of an unreasonable definition of “family protection.”
For instance, when charges of domestic violence are filed, the accused is generally excluded from his or her family residence by an order of protection. This means that whatever the cause of the initial conflict – which may not have involved violence at all, and which may have promptly blown over – the family may be forced to maintain two residences for several months until the order of protection is removed.
The accused may not have access to his or her children during this time, which can cause considerable hardship and additional financial burdens on the family.
At Friedman & Ranzenhofer, our Buffalo domestic violence attorneys know that allegations of domestic violence are often used for leverage in divorces, custody battles, or even for effect during an argument. Often, the spouse who made the allegation had no idea what the effects would be, or that it would create such a distressing situation for the family, the children, and the finances.
When our attorneys meet with clients who are dealing with domestic violence charges, they are often most interested in getting the order of protection removed. And we’ve found that in many cases, the spouse who initially made the complaint is just as focused on that goal. Because of the state’s interest in family protection – and prosecutors’ desires to be seen as effective – it can be difficult to get the courts to let go of a case they’ve filed. We work with you to determine what your family’s immediate needs are, and then we get to work, deciding how best to confront your situation.
When we were prosecutors, we saw how often charges of domestic violence were prosecuted even when the accuser had recanted, and sometimes even when no allegation had been made within the family at all. Until the law and the courts catch up with the problems of New York’s current family protection strategy, the Buffalo domestic violence attorneys at Friedman & Ranzenhofer are your best bet for pushing back against charges of assault, harassment, menacing, and stalking in Buffalo.
If you or a loved one has been charged with domestic violence or abuse, contact the experienced Buffalo domestic violence attorneys at Friedman & Ranzenhofer to defend you from these serious allegations.
When our attorneys meet with clients who are dealing with domestic violence charges, they are often most interested in getting the order of protection removed. And we’ve found that in many cases, the spouse who initially made the complaint is just as focused on that goal. Because of the state’s interest in family protection – and prosecutors’ desires to be seen as effective – it can be difficult to get the courts to let go of a case they’ve filed. We work with you to determine what your family’s immediate needs are, and then we get to work, deciding how best to confront your situation.
When we were prosecutors, we saw how often charges of domestic violence were prosecuted even when the accuser had recanted, and sometimes even when no allegation had been made within the family at all. Until the law and the courts catch up with the problems of New York’s current family protection strategy, the Buffalo domestic violence attorneys at Friedman & Ranzenhofer are your best bet for pushing back against charges of assault, harassment, menacing, and stalking in Buffalo.
If you’ve been arrested for domestic violence in Buffalo, remain silent and request an attorney immediately. Do not discuss the case with police, family members, or anyone else. Contact an experienced domestic violence defense lawyer as soon as possible, as these cases often involve both criminal charges and family court proceedings that can affect your freedom, reputation, and family relationships.
While victims cannot simply ‘drop’ domestic violence charges in New York, prosecutors may dismiss charges if there is insufficient evidence or other legal issues arise. Even if a victim recants or refuses to cooperate, prosecutors can still proceed with the case using other evidence. An experienced defense attorney can challenge the evidence and work toward dismissal or reduction of charges.
An Order of Protection is a court order that restricts your contact with the alleged victim. It can be temporary or final, and may prohibit you from contacting, approaching, or communicating with the protected person. Violating an Order of Protection is a separate criminal offense that can result in additional charges and penalties, even if the underlying domestic violence case is dismissed.
Penalties for domestic violence convictions in New York vary depending on the specific charges and your criminal history. They can range from fines and probation for violations and misdemeanors to several years in state prison for felonies. Additional consequences may include mandatory counseling, loss of firearm rights, immigration consequences, and impacts on employment and professional licensing.
A domestic violence conviction can significantly impact child custody and visitation rights. New York courts prioritize the best interests of the child, and a history of domestic violence creates a presumption against awarding custody to the offending parent. Even supervised visitation may be restricted or denied depending on the severity of the offense and perceived risk to the child.
Common defenses in domestic violence cases include self-defense, defense of others, false accusations, lack of intent, insufficient evidence, and challenging the credibility of witnesses. An experienced attorney will examine all evidence, including police reports, medical records, and witness statements, to identify the strongest defense strategy for your specific case.
New York does not have traditional expungement, but certain domestic violence charges may be sealed under specific circumstances. Options may include sealing after successful completion of an Adjournment in Contemplation of Dismissal (ACD), or applying for a Certificate of Relief from Disabilities or Certificate of Good Conduct to reduce some consequences of a conviction.
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