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Brooklyn Domestic Violence Lawyer

Legal Definition of Domestic Violence

Domestic violence is defined as the act of inflicting bodily injury or physical harm upon a member of one’s household. Sexual assault can also be placed in the category of domestic violence. Additionally, stalking a member of one’s household may be classified as domestic violence.

Most people are well aware of the fact that if violence is inflicted upon another person, then it can be classified as domestic violence. However, a person can be charged with domestic violence if a threat is made. Even if the threat is not carried out, criminal charges can still be filed.

Is Domestic Violence a Misdemeanor or Felony?

Domestic violence is typically classified as a misdemeanor or felony. A misdemeanor is a less serious charge. People who are charged with a misdemeanor may serve a short jail sentence and be ordered to pay a fine.

People who are charged with a felony may serve a long prison sentence. The seriousness of the injury is one of the factors that will determine whether a person is charged with a misdemeanor or felony. If there is no evidence of injury or the injury is slight, then it will likely be classified as a misdemeanor. A person’s past criminal history may also be used to determine whether they are charged with a misdemeanor or felony.

Domestic Violence Defenses

Justification- In some cases, the use of force was justified. For example, a person uses non-deadly force in order to restrain someone. They will likely be able to get their charges dropped.

Self-Defense- Domestic violence can be justified if a person used in order to defend themselves. For example, the defendant attempts to warn the person not to hurt them. The person continues to attack the person. The defendant had every right to defend themselves even if harm was inflicted on the other person.

People may also be able to argue that they used self-defense to protect their children from the other partner. Parents have every right to protect their children.

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Mental Disease or Defect- People who are mentally incapacitated may be able to get their charges dropped if this can be proven in court.

Medical or Dental Purposes- It is extremely rare for someone to be able to use this defense. It is hard to prove that domestic violence had a medical or dental purpose.

Lack of Proof-This is one of the strongest defenses that can be used. People may also be able to get domestic violence charges if they can pinpoint the holes in the other person’s story. If there is no proof that an act of violence was committed, then the charges may be dropped. The American justice system relies on the burden of proof to convict of people of crimes.

Deliberately False Allegations-Many people will make up a story just to hurt the other person. This often happens when people are going through a divorce or a nasty child custody battle. Defense attorneys examine the cases thoroughly to look for inconsistencies in the other person’s story.

Wrong Suspect- Many people are convicted of domestic violence because they are mistaken for someone else. They can prove that it was impossible to commit the act because they were somewhere else at the time.

The Importance of Contacting an Attorney

Domestic violence charges have ruined countless lives. The stigma that comes along with being charged with domestic violence can stay with you for the rest of your life. That is why it is important to contact a domestic violence defense attorney. Your attorney can tell you about the best defense to use. They can also inform you of your rights.

Don’t deal with Brooklyn Domestic Violence Lawyer alone. Speak to the Spodek Law Group today.

Brooklyn Domestic Violence Lawyer

Domestic violence is abusive behavior inflicted on one partner by the other in a relationship. Abuse can be in the physical form, verbal form, or both. It’s a play on power. Usually, the person initiating the abuse is looking for control. They want to ignite fear by using hurtful and harmful tactics to intimidate their partner.

Domestic violence is not gender specific, race specific, or age specific. It doesn’t care if you’re heterosexual or homosexual. It doesn’t matter if you’re married, single, rich, or poor. Domestic violence can and does happen to anyone.

Laws Against Domestic Violence

Domestic violence is a nationwide crime and punishable by law. There are two types of domestic violence charges – misdemeanor and felony. A misdemeanor charge is punishable to a year in jail and a fine. A felony offense is punishable up to four years of imprisonment and a heftier fine. The extent of the charge and fine are all dependent on the severity of the crime, the inflicted harm, the abuser’s criminal record, and the state in which the crime was committed.

There are three different types of courts that rule over domestic violence cases. There is a criminal court, civil court, and family court. The type of court depends on the alleged charges. criminal court handles crimes that involve rape, assault, kidnapping, abuse, vandalism, stalking, etc. Civil court involves violation of protection order. And family court or divorce court is for cases where the divorce is a reaction to family violence.

Recognizing the abundance of domestic violence cases, in 1994, Congress passed a law called the Violence Against Women Act (VAWA). This is a federal law that expands on state and local laws against domestic violence. It enhances punishment on repeat offenders, sex offenders, and those that cross state lines to cause harm to a significant other.

When Does Domestic Violence Become a Federal Crime

It is a federal crime to cross state and Indian country lines in pursuit of causing bodily harm to an individual, to stalk an individual, to harass an individual, or to violate a protection order. All federal violations of domestic violence are classified and handled as felonies.

Victim’s Rights

Many victims don’t always understand their rights. As a victim of domestic violence, you have the right to protect yourself. One way in which this can be done is by getting a Court Order of Protection. This order stops all contact from the abuser. If the abuser and the abused reside under the same roof, this order of protection will demand that the abuser move out immediately and can be tailored to meet specific needs.

Warning Signs of Domestic Violence

Most people don’t realize that they are in potentially dangerous relationships. Commonly, the abused tend to make excuses for their partner’s behavior. No one wants to admit to being verbally or physically abused; furthermore, too many are afraid to ask for help. But below are some warning signs that can help you identify when you’re in an unhealthy relationship.

An abusive partner is someone who:

  • tries to break you down by telling you-you’re not good enough
  • monopolizes all your time
  • threatens you or your family members
  • forces you to do things that you don’t want to do
  • threatens you with violence or weapons
  • harasses you
  • physically causes you harm by hitting you

Domestic violence is never OK. The pivotal point is recognition. If you, or someone you know, is suffering from domestic violence, please contact the Spodek Law Group at 1-888-997-5177. We have been helping victims since 1976. At SLG, we treat you like family.

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