11 Oct What are the consequences for domestic violence?
If you’re convicted and New York State doesn’t have expungement, which means that if you’re convicted your stuck with the criminal record. New York State does not have expungement which means that you will always have this criminal record. Besides having a criminal record, your facing probation, besides probation, your facing jail, besides jail, you’re also facing some type of domestic violence accountability program.
What is that? It can range between 16, 26 or 52 weeks where you sit with the bunch of other supposed wife bitters, convicted wife bitters and you sit around and you talk about your feelings so again the best way to avoid being put in that situation is by lawyering up, having an attorney to make sure that you don’t get stuck with the criminal record in the first place because those consequences would be harsh and beside what I’ve just mentioned, if you get rearrested with domestic violence, especially with the same person that was listed on the order of protection which will also be issued after the case is over, you’re going to be rearrested, the district attorney will make a bail recommendation either the court will go along with the district attorney’s bail recommendation you’ll definitely spend a couple of nights at records island or some other correctional facility until your family members straightened out the finances and bail you out.
Besides all that as I mentioned is, going to also be order of protection which will be on effect. Which means that you’ll be precluded from staying away from the other person even if they don’t wanna go forward with this case, more importantly than that is if you have children in common with this other person you’re going to be precluded from any contact with them and the only way that you’re going to be able to speak to this other person without being arrested is by going to family court and having the family court make their decision regarding visitation and custody with the child in common and then going back to criminal court with the family court order to show the criminal court that you’re not in violation if you decide you wanna speak with your children. Those are the collateral consequence which is why you should lawyer up and you should not give any statements and you should have professional like myself handle the case so that you’re not stuck with any of these consequences.
This is a transcription of an interview with James Medows.