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Long Island NY Domestic Violence Defense Lawyer

Facing domestic violence accusations on Long Island can be overwhelming. The New York criminal justice system imposes strict penalties and is designed to protect accusers.

Aside from the harsh penalties that can accompany a conviction, such as jail time and fines, those who face charges also suffer consequences in their personal and professional lives. Unfortunately, allegations relating to domestic violence offenses often carry a stigma.

The compassionate and experienced attorney at The Law Offices of Scott Gross, P.C., knows the sense of helplessness that accompanies a domestic violence charge. Our criminal defense attorney knows how to successfully defend against these charges. We provide legal guidance and remain by your side throughout the process.

Why Choose The Law Offices of Scott Gross, P.C.

The Law Offices of Scott Gross, P.C. is committed to providing customized legal services for its clients. The criminal defense lawyer at our law firm understands the seriousness of being accused of domestic violence and the consequences a conviction would bring.

We understand that these kinds of accusations and convictions can affect your reputation, job, and other aspects of your life. If you choose our law firm to represent you in your domestic violence case, you can be confident that our legal team will attentively listen to your account, scrutinize all relevant facts, and devise an effective defense strategy. The attorney-client relationship is crucial to us.

As a former prosecutor with the Assistant District Attorney’s Office in Suffolk County, NY, Mr. Gross possesses years of experience and extensive knowledge of both sides of the legal spectrum. He thoroughly understands the intricacies of New York’s criminal justice system. Our legal team will tirelessly and aggressively fight on your behalf to get you the most favorable outcome.

Testimonials

“As our attorney, Scott Gross was the only solace we found during the most difficult legal encounter of our lives. Our situation was unique and escalated quickly, Scott never used any of the attention of this matter for his own recognition- he has always done what was best for us. Even after the fact, he truly cares and has never left us with a question unanswered. Our outcome was favorable and we are so grateful for his counsel. This is the attorney you want on your side!!! Scott- we wish you all the success in the world, it is well deserved. We are so grateful to you.” — Amelia C.

“Scott handled a case for us with the utmost in professionalism and got a settlement that thrilled us considering the complexity of the case. We found Scott to be responsive to all our concerns and extremely detailed oriented. He was always on time and answered all our questions either through phone calls or texts or emails and was always available to us. He made a difficult situation alot easier to deal with and I would highly recommend him as not all attorneys are this dedicated.” — M.R.

“Hire this man asap, no need to wait. From legal advice to [courthouse] appearances. Scott Gross is the attorney to call. He’ll take your call, formulate a strategy and execute without failure. Best attorney I’ve ever hired.” — Dionamous W.

What Does New York Consider Domestic Violence?

In New York, acts of domestic violence must also have “resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person’s child,” as stated in the state’s legal definition.

As defined in New York Code § 459-a, domestic violence includes, but is not limited to:

  • Disorderly conduct
  • Harassment
  • Reckless endangerment
  • Kidnapping
  • Assault
  • Attempted murder

Facing domestic violence charges is a serious matter, and you need a fierce legal advocate by your side to defend your rights and fight for your freedom.

At The Law Offices of Scott Gross, P.C., our former prosecutor is ready to represent your case. If you are facing charges for abuse within the home and worry about a pending investigation, our Long Island domestic violence lawyer can begin defending you and may be able to stop charges from being filed at all.

Protecting Your Rights in Domestic Violence Cases

Couple arguing in front of a child and a mediator during a meeting, illustrating family conflict resolution.

Domestic violence cases can be complex and emotionally challenging, but it’s crucial to remember that you have rights and legal options available. Our experienced Long Island domestic violence attorneys are dedicated to protecting the rights of individuals who have been wrongfully accused of domestic abuse.

When you work with our firm, you can expect:

  • Compassionate and understanding legal representation
  • Thorough investigation and gathering of evidence to support your case
  • Strategic defense strategies to clear your name and protect your future
  • Advocacy for obtaining protective orders for your safety

Don’t wait to take action when your safety and future are at stake. Contact The Law Offices of Scott Gross, P.C. today to schedule a free consultation and start building a strong defense for your domestic violence case.

What Are Some Domestic Violence Defense Strategies in Long Island?

Common defense strategies when facing domestic charges in Long Island include:

Self-Defense

One of the most common defense strategies in domestic violence cases is self-defense. Here, the defendant shows they took actions to protect themselves. Elements involved in this strategy are:

  • Demonstrate a reasonable belief that a threat of harm or violence was present.
  • Show that the force used in response to the perceived threat was a proportional and necessary response.
  • Establish the legal strategy that the alleged victim initiated the violence.

Evidence in this defensive strategy can include photographs, videos, medical records, eyewitness records, and any other documentation to show that self-defense was necessary.

False Accusations

In the home setting, sadly, false accusations of domestic violence sometimes happen. Such an act is usually done out of revenge, jealousy, to get child custody, or to simply hurt the other person. In a false accusation defense strategy, an attorney will present evidence to show that the accusations are untrue and fabricated.

Lack of Evidence

Challenging the evidence the prosecuting attorney presents is another legal strategy for those accused of domestic violence. A criminal defense attorney can examine the situation, seek inconsistencies and contradictions, and assess the credibility of any eyewitnesses. They can also challenge evidence and any other factors involved to present reasonable doubt about the prosecution’s case.

Lack of Intent

Accidents can occur occasionally. In cases where allegations emerge from an unintentional incident, this can be an appropriate defense strategy. Evidence, including expert opinions, witness statements, and other factors that prove the violence was accidental, can help dismiss or reduce charges in a domestic violence case.

Additional strategies may include identifying supporting witnesses and emphasizing the absence of compelling evidence. We recommend consulting with your defense attorney to devise a strategy.

In Domestic Violence, Who is Considered a Family Member?

Domestic violence includes immediate family members in the household; however, New York’s definition of domestic violence expands the category of who is considered a family member based on the relationship. In New York, the following individuals are considered family members in a domestic violence case:

  • Married or divorced couples
  • Intimate partner relationships
  • Family members related by blood
  • Couples who share a child

Understanding Orders of Protection in New York

Person signing a restraining order document with a gavel on a wooden table.

One important aspect of domestic violence cases in New York is the issuance of orders of protection. These court orders are designed to protect victims of domestic violence from further harm by restricting the actions of the alleged abuser. Our experienced Long Island domestic violence attorney can help you understand the different types of orders of protection and how they pertain to you in your case.

Types of protection orders in New York include:

  • Stay-away orders: Require the accused to maintain a specified distance from the alleged victim.
  • No-contact orders: Prohibit all communication between the parties involved.
  • Residence exclusion orders: Remove the abuser from the shared residence.
  • Full orders of protection: Combine elements of the above orders for comprehensive protection.

It is crucial to have a knowledgeable legal advocate on your side to navigate the complexities of orders of protection and advocate for your rights. Contact The Law Offices of Scott Gross, P.C., today for guidance and representation in your type of domestic violence case.

What are the Consequences of Violating a Protection Order?

If an order of protection is issued against you in New York, you must comply with all the directives in the order. Violating it can result in charges for criminal contempt or other more serious charges, depending on the type of violation that occurred. Hefty fines and extensive jail time are possible.

Do I Need a Lawyer for Domestic Violence Charges?

No, technically, you do not need an attorney to fight against these charges, but it would be to your detriment not to seek legal help against allegations of domestic violence. Domestic violence charges affect much more than you may think. These criminal charges can cost you your job and have a lasting impact on your personal and professional reputation.

What Are the Consequences of Domestic Violence Charges on Long Island?

The consequences of a domestic violence conviction can be far-reaching. Since domestic violence is not a specific crime but rather an umbrella term for a multitude of crimes, it can be a misdemeanor or felony.

Domestic violence resulting in felony charges in New York has the potential of a jail sentence and will also show up on a background check. This makes it harder to secure employment later and can negatively impact your life in other ways as well.

Don’t Face Your Domestic Violence Charges Alone

The Law Offices of Scott Gross, P.C., is equipped to defend you or a loved one from any kind of criminal charge. A domestic violence charge can cause significant disruption in your life. Our legal team draws on years of experience handling domestic violence cases in New York and prepares defense strategies tailored to your situation.

Rather than waiting for a prosecutor to start building a case against you, we can proactively work to fight for you against allegations of domestic abuse. Our firm was founded upon the commitment to protecting our clients’ rights, and it has become the primary mission that motivates our everyday actions, processes, and duties as a legal counselor.

At The Law Offices of Scott Gross, P.C., we believe our clients’ rights, freedoms, and interests are all worth fighting for, regardless of the legal matter faced. To schedule a free consultation with an experienced criminal defense attorney, contact us at 516-500-9068 or fill out our convenient online form.

Frequently Asked Questions

How Should I Handle a Temporary Protective Order if We Live Together?

You must follow any protective orders to avoid jeopardizing your case. There are no exceptions. This usually means you must find a place to stay while waiting for the temporary order to be lifted.

Will Speaking to the Accuser Violate the Protective Order?

Protective orders typically mean you cannot contact that individual. Doing so may hurt your case even if you are trying to smooth things over with the accuser. We recommend avoiding contact, adhering strictly to the order, and seeking legal advice.

What is the Mandatory Arrest Law on Long Island?

New York requires police officers to make an arrest if there is enough evidence of domestic violence. Even if the victim does not want to press charges, law enforcement will still make the arrest.

How Can I Protect Myself From False Allegations?

False accusations can negatively affect your social and professional standing, leading to significant consequences for the accused individual. Maintaining composure while preparing your defense is crucial when confronted with false allegations. Lashing out will only hurt your case.
Instead, remain calm and call an attorney. You and your lawyer can then gather evidence, develop a defense strategy, and challenge the credibility of the accuser.

Portrait of a smiling man in a suit and tie, posing against a plain background.

Written By Scott Gross

Founder & Criminal Defense Attorney

Scott Gross is the founder and lead criminal defense attorney at the Law Offices of Scott Gross. In 2006, Mr. Gross was appointed as an Assistant District Attorney in Suffolk County, New York. Scott Gross has handled thousands of criminal cases at all levels, many of which were high-profile matters followed by various media outlets. Because of his experience in Suffolk County, Mr. Gross is highly-skilled in defense trial techniques and rules of evidence for individuals facing criminal charges.