If you or a loved one was recently charged with domestic violence, it is critical to get the legal help that you need as soon as possible. An experienced lawyer will be able to guide you through every step of the legal way and ensure that you are equipped with all of the legal information that you need to protect yourself.

A domestic violence lawyer will take care of the following:

• - Providing you with legal information

• - Protecting your rights and your reputation

• - Handling paperwork involved with your domestic violence charge

• - Examining your case and creating a strong defense strategy

• - Representing you in court and fighting for a favorable outcome

• - Gathering strong evidence to support your case

• - Being by your side to encourage you and offer you psychological support

When you hire a domestic violence lawyer at H. Benjamin Perez & Associates, P.C., you are working with a legal professional who knows the ins and outs of the legal system and a person who genuinely cares about you and your specific situation. Our attorneys have helped many struggling with domestic violence charges, and are here to help protect your future, your rights, and your reputation.

Domestic violence cases can be complex, but they may be dropped under certain conditions. Frequently, offenders accept a plea deal for fear of being found guilty of something much even worse, even if the district attorney's case against you is exceptionally weak in a domestic violence case.

Here’s how it might happen:

• - Insufficient Evidence – If the prosecution lacks sufficient evidence to prove the allegations, they may decide to dismiss the case.

Victim Recanting Their Statement – Sometimes, a victim may choose to retract their accusations, though this does not guarantee the case will be dropped, as the prosecution may still proceed.

• - Lack of Witness Credibility – If the defense successfully challenges the credibility of the claimant or witnesses, it can weaken the prosecution's case.

• - Negotiated Settlements – A skilled domestic violence lawyer may negotiate with prosecutors to reduce or dismiss charges in exchange for following certain conditions, such as completing counseling programs.

• - False Accusations – If evidence proves that claims were made maliciously or falsely (e.g., out of retaliation), the case could be dismissed.

You should hire a New York City criminal defense lawyer who can challenge the charges early and aggressively to limit the damage.

To obtain a restraining order (also called an order of protection in New York State), you must file a petition with either the Criminal Court, Family Court, or Supreme Court.

The steps are as follows:

1. Complete and Submit Petition - Outline why you need protection against another individual, explaining specific incidents or threats.

2. Attend a Hearing - The judge will review your petition and often schedule a court date where both parties can present evidence.

3. Temporary Orders - If there is an immediate danger, the judge may issue a temporary restraining order until the next hearing.

It is highly recommended to work with an attorney to ensure your petition adequately presents your case for protection.

The statute of limitations for domestic violence in New York varies depending on the type of charge involved. For misdemeanor charges, the case must be filed within two years, while felony charges generally have a filing deadline of up to five years. Victims seeking civil claims for damages typically have one year to initiate their case. However, there are exceptions to these time limits, especially in situations involving minors or cases where reporting was delayed due to trauma. Given the complexities of these timelines, consulting an experienced lawyer is crucial to understanding how the statute of limitations may apply to your specific circumstances and ensuring your legal rights are protected.