Queens County Domestic Violence Attorney
Domestic Violence Lawyer
Many people arrested on domestic violence charges – e.g., abuse, harassment, menacing, endangering the welfare of a child – have done nothing wrong. In this day and age, the police and courts are overly sensitive when a spouse, significant other or child makes an allegation of violence against a family member. Thus, more often than not, when a 911 call is made, someone is going to get arrested.
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If this has happened to you, you are probably confused, mad and horribly inconvenienced by the order of protection that prevents you from going home or near your loved one(s) or family member. That’s why you need to speak to Michael Dreishpoon, Esq. immediately.
What is Domestic Violence?
Domestic violence occurs when one household member threatens or commits violence against another household (or family) member. Most domestic violence charges are misdemeanors or violations, however, they can raise to the level of very serious felonies, which carry heavy jail sentences.
As mentioned above, actual violence is not a prerequisite for an arrest. The mere threat of violence and/ or verbal abuse can also get you arrested.
The domestic violence laws are designed not only to protect family members, but roommates, housemates and significant others, as well. Misdemeanor domestic violence charges have maximum penalties of 1 year in jail.
If convicted of a misdemeanor, the order of protection will be in effect for five (5) years. In addition, such convictions can have serious ramifications on other aspects of your life (e.g., loss of custody or visitation rights; getting fired from your job; revocation of TLC, security or other licenses; getting deported). Thus, you need a competent, experienced criminal defense attorney to help you navigate these complicated waters.
What happens when you are accused of Domestic Violence in Queens?
At the arraignment (the first court appearance), the judge will issue an order of protection forbidding you to go near or communicate with (via phone, text, e-mail, Twitter or Facebook) the person who made the allegations.
Even if this person actually goes to the courtroom and tells the judge that he/she doesn’t want an order of protection, one will be issued.
This order of protection will remain in effect until the case is resolved. An experienced New York Domestic Violence lawyer like Michael Dreishpoon can attempt to get the order of protection modified to a limited order of protection, which permits the accused to go near, and communicate with, the accuser as long as he/she does not harass, abuse, annoy, harm or stalk that person.
HIRE A SUCCESSFUL QUEENS, NY DOMESTIC VIOLENCE ATTORNEY
Michael Dreishpoon has successfully represented thousands of people accused of domestic violence charges in Queens County and the surrounding New York metropolitan area over the last 23-plus years. By examining the facts and circumstances of the arrest and performing a thorough investigation, Michael Dreishpoon domestic violence lawyer, has convinced the district lawyer to dismiss many such cases.
When the district attorney refuses to listen, Michael has won acquittals at trial for his clients. In one particular domestic violence case, Michael won a big victory at trial by convincing the jury that his client’s husband sustained several nasty head lacerations as a result of an accidental fall instead of an intentional assault.
Even if you momentarily lost your temper and laid your hands on a loved one, all is not lost.
Queens domestic violence attorney Michael Dreishpoon can help you avoid jail time and a criminal record, as well as get you back into your home and family in a timely fashion. Also, if the Administration for Children’s Services (“ACS”) has removed your kids from the home, Michael will help you get them back as quickly as possible.
Don’t let too much time pass before seeking legal counsel. Domestic violence charges can haunt you for months if not years.
You can’t afford to take chances when it comes to your family. Call Michael Dreishpoon, Esq. today for sound legal advice on abuse and other domestic violence offenses, and to get your life back in order.
If you or a family member has been involved violence incident in the Queens, New York City area, contact domestic violence attorney and criminal defense lawyer Michael Dreishpoon for a free consultation.
Frequently Asked Question
Why do domestic violence cases get dismissed?
The prosecution will urge the accuser to keep away from the accused, and to testify in court. If the witness goes against what she is instructed voluntarily, the prosecution may not be able to establish the accusation on its own, thus the case is dropped.
How are domestic violence cases handled?
Domestic violence is a pattern of several behaviors aimed at obtaining and retaining power and control over an intimate partner. These behaviors include physical violence, emotional abuse, victim isolation, economic abuse, intimidation, and coercion and threats.
Domestic abuse cases can be heard in one of three types of courts:
Criminal court, in which the abuser will be prosecuted by the state (possible crimes include abuse of intimate partner, violation of a protection order, elder abuse, murder, rape, assault, kidnapping, false imprisonment, property destruction, vandalism, trespassing, stalking, unlawful possession or concealment of a weapon, intimidating a witness, and many others)
Civil court, in which you can address a violation of a protective order or seek monetary damages (possible civil lawsuits include sexual harassment, personal injury).
Court of divorce or family law (family violence has a direct impact on divorce procedures and may play a role in restricting or preventing the abuser’s rights to child custody or visitation privileges)
How do most domestic violence cases end?
Domestic violence defendants make up the great majority of first-time offenders who have never been arrested and are having their first brush with the criminal justice system. Although the procedure may appear to be extremely complicated, unpleasant, and stressful, the majority of cases result in the dismissal of all charges. Check out this page to see the dropping domestic violence charges in New York.
You can’t afford to take chances when it comes to your family. Call Michael Dreishpoon, Esq. today for sound legal advice and to get your life back in order.
If you or a family member has been involved violence incident in the Queens, New York City area, contact domestic violence attorney and criminal defense lawyer Michael Dreishpoon for a free consultation.
Allegations And Filing Domestic Violence Charges Queens New York
The majority of domestic violence cases begin with a claim or allegation of domestic violence. When law enforcement is notified of a domestic violence allegation, they generally issue a domestic violence warrant for the accused victim’s arrest.
Overview Of Domestic Violence Laws In Queens New York
Domestic violence is a form of crime committed against someone with whom you have a close relationship. As a result, domestic violence is defined as the violation of several laws. The nature of the relationship between the parties determines whether an act qualifies as “domestic abuse.”
Queens New York Collateral Consequences Of A Domestic Violence Conviction
A domestic abuse conviction has severe legal ramifications, including jail time and hefty fines. However, other aspects of life, such as employment, housing, and other personal matters, may be affected.
The Effects Of A Domestic Violence Conviction Queens New York
Domestic abuse convictions result in both direct legal consequences and secondary effects that affect various aspects of your life. In addition, victims are unable to simply drop the charges or choose not to pursue them because they were filed by the police department.
Queens New York Domestic Violence Overview
Domestic violence claims can come from a variety of circumstances, including heated debates, when the parties are under the influence of alcohol or drugs, in child custody disputes, and in divorce situations where one spouse is attempting to gain a more advantageous position.
Domestic Violence Against Women Queens New York
The most frequent form of domestic violence in the United States is violence against women, which is all too common. One in four women will experience some kind of domestic abuse during her life, according to statistics.
You shouldn’t have to live in terror while trying to work and raise a family. Our compassionate lawyers assist survivors of abuse and violence in escaping a dangerous situation and finding safety.
| Queens Domestic Violence Topics | Description |
| Restraining Order | If you need protection from an abusive partner, Michael Dreishpoon can assist you in obtaining a restraining order to ensure your safety. He will guide you through the legal process and represent you in court to help you get the protection you need. |
| Domestic Violence Protective Orders | If you are a victim of domestic violence, Michael Dreishpoon can help you get a domestic violence protective order to keep you and your children safe. He will provide you with knowledgeable and compassionate representation throughout the legal process. |
| Domestic Violence Criminal Defense | If you have been accused of domestic violence, it is important to have an experienced domestic violence lawyer like Michael Dreishpoon on your side. He will defend your rights and work tirelessly to protect your future. |
| Child Custody & Domestic Violence | If you are involved in a child custody case and domestic violence is an issue, Michael Dreishpoon can help you navigate this complex and emotional legal process. He will work with you to protect your children and your rights as a parent. |
| Divorce & Domestic Violence | If you are ending a marriage and domestic violence is a factor, it is important to have an experienced domestic violence lawyer like Michael Dreishpoon on your side. He will represent your interests and ensure that the outcome of your divorce protects you and your children. |
| Domestic Violence and Immigration | If you are a victim of domestic violence and are also dealing with immigration issues, Michael Dreishpoon can help you navigate the legal system and protect your rights. He will work with you to find a solution that keeps you and your family safe. |
| Domestic violence charges | If you’ve been charged with domestic violence, the consequences can be severe, including jail time and a criminal record. Michael Dreishpoon is a top domestic violence lawyer who can help you navigate the legal system and protect your rights. |
| Restraining orders defense | A restraining order can have a serious impact on your life, limiting your ability to see your children, own firearms, and more. Michael Dreishpoon can help you fight a restraining order, or defend yourself if one has been filed against you. |
| Domestic violence defense | If you’ve been accused of domestic violence, it’s important to have a skilled lawyer on your side. Michael Dreishpoon has a wealth of experience in domestic violence defense and can help you build the strongest possible case. |
| Domestic violence appeals | If you’ve been convicted of domestic violence, you may have the right to appeal the verdict. Michael Dreishpoon is an experienced appellate lawyer who can |
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