Buffalo, NY Domestic Abuse Charges: Protecting Yourself and Your Rights

Buffalo, NY Domestic Abuse Charges: Protecting Yourself and Your Rights

Domestic abuse is a serious issue that affects many people in Buffalo and across New York State. Recent headlines have drawn attention to high-profile cases involving local politicians like Erie County Executive Mark Poloncarz and the struggles faced by victims like the Buffalo resident whose house was set on fire. If your facing charges related to a domestic dispute, it’s important to understand your rights and options under the law.

Common Domestic Abuse Charges in Buffalo

Some of the most common domestic violence charges in Erie County include:

• Assault – This covers physical attacks causing injury.
• Harassment – Repeated unwanted contact that causes alarm.
• Stalking
• Unlawful imprisonment – Restraining someone against their will.
• Strangulation – Choking or blocking airways.
• Criminal mischief – Damaging property.

Charges can range from misdemeanors to felonies depending on the circumstances. Police often make arrests at the scene based on visible injuries or other evidence. But victims may also go to police later and file a report. The District Attorney’s Domestic Violence Bureau investigates these cases.

Getting Legal Help

If you’re facing domestic violence charges, it’s critical to get experienced legal representation. An attorney can advise you on the best defense strategies and work to get charges reduced or dismissed. Some options to explore include:

• Self-defense – You may have acted in self-defense if you were protecting yourself from harm.
• Mental health – Your actions may have been influenced by trauma or mental illness.
• Lack of evidence – The prosecution may not have enough proof to convict you.
• Plea bargain – Plead to a lesser charge to avoid harsh penalties.

A lawyer can negotiate with prosecutors on your behalf and represent you in court. Public defenders are available if you can’t afford private counsel. You may also qualify for services from legal aid groups and domestic violence organizations.

Safety Planning

If you’re currently in an abusive relationship, it’s important to have a safety plan in place. This includes steps like:

• Identifying safe areas of the home and possible escape routes.
• Packing a bag with important items in case you need to leave quickly.
• Memorizing emergency contacts and hiding money for transportation.
• Coming up with believable reasons to leave the house.
• Opening a separate bank account and obtaining personal documents.

You can get help developing a customized plan from domestic violence advocates. They can also connect you with counseling, support groups, shelters and other resources.

Protection Orders

Getting a protection order can prohibit your abuser from contacting you or require them to stay away from your home, work and other locations. Types of orders include:

• Temporary order of protection – Issued immediately based on initial allegations and lasts up to 30 days.
• Final order of protection – Can be issued after a court hearing and lasts up to 5 years.
• Emergency order – Granted by a judge if there’s immediate danger and lasts up to 6 hours.

Protection orders provide important legal protections. But you should still take precautions for your safety.

Prioritizing Your Health and Well-Being

Coping with domestic abuse and its legal consequences takes an emotional toll. Make sure to care for your mental and physical health by:

• Seeking counseling and joining support groups.
• Practicing self-care through healthy eating, exercise, sleep and relaxation techniques.
• Relying on trusted friends and family for encouragement.
• Focusing on your inner strength and resilience.

You don’t have to manage this difficult situation alone. Connect with the many local and online resources available to domestic violence survivors. There are people ready to listen, provide guidance and help you regain control over your life.