New York and Long Island Domestic Violence Defense Attorneys
In New York, domestic violence matters are handled in both the Criminal Court and the Family Court. If you should be charged with a domestic violence crime, it is important that you retain counsel as quickly as possible. The District Attorneys’ offices in the metropolitan, New York area are much more aggressive today than they have been in the past in prosecuting domestic violence cases such as assault, harassment, stalking, menacing, and battery.
The legal process starts in the following manner: The alleged victim calls the police and complains. The police then go to the location of the incident and they interview the alleged aggressor and the victim. If the alleged victim tells a compelling story, the other party to the incident is usually arrested. The arrested individual is taken to the police station in handcuffs, and he or she is finger-printed and receives a mug shot and a computer report is run to check for any prior criminal arrests and convictions. Individuals thereafter (sometimes as long as 24 to 48 hours later) are brought before a judge and arraigned. At the arraignment the individual pleads guilty or not guilty and bail is set or the individual is released on his or her own recognizance, without bail.
This is a degrading and humiliating process. In some instances, the individual charged with the crime has done nothing more than have an argument with a girlfriend, boyfriend, domestic partner, or spouse.
It is important to have an attorney to represent the arrested person at the time of the arraignment. In the five boroughs of the City of New York, arraignments are conducted 24 hours a day, 7 days a week. In Nassau and Suffolk counties arraignments are usually handled between 10 am and 4 pm, 7 days per week.
The domestic violence defense attorneys at the law office of Elliot Schlissel are available to handle arraignments 7 days a week. We’ve been handling arraignments of individuals charged with domestic violence related crimes for more than 32 years. If you, a friend, or a loved one has been charged with a crime related to a domestic violence incident, the domestic violence defense attorneys at the Law Office of Elliot Schlissel are available to help you, your friend, or a family member. Call us at 1-800-344-6431, 718-350-2802, or 516-561-6645, or you can e-mail us using the Contact Us page. We will quickly call you back and arrange to have your friend, family member, or loved one released from jail.
Orders Of Protection | Domestic Violence Charges | Fathers’ Rights
Serving Nassau County, Suffolk County and Queens County
Effective Defense Against Orders of Protection
Long Island Domestic Violence Attorney
Zealous enforcement of domestic abuse laws puts many decent men on the defensive, facing trumped-up criminal charges and being forced to leave their own homes. If you have been charged with domestic assault or served with an order of protection, contact The Law Office of Elliot S. Schlissel immediately to discuss your rights.
We handle many cases in which men are removed from their house under a temporary protection order filed by a wife, girlfriend or ex-spouse. Law enforcement is sensitive to alleged threats of violence, and the courts err on the side of the woman’s rights.
Our job at The Law Offices of Elliot S. Schlissel is to protect your Constitutional rights, challenge the protective order, and get you back into your home. Unfortunately, this can take several months. Our standing and connections in the judicial systems often allows us to schedule a hearing sooner and speed up the process. If the order is granted, it becomes permanent. We also represent fathers in Family Court petitions to get visitation with their children after an order of protection is served.
Are You Being Manipulated?
An order of protection frequently stems from a divorce case or child custody dispute. A charge of domestic violence or protection order can be used as a weapon to gain custody and an upper hand in divorce proceedings. The vast majority of these often-bogus charges are leveled against men, and we protect fathers’ rights in fighting the charges.
Defending Domestic Assault And Battery Charges
Before they even have chance to contest the temporary restraining order in a court hearing, many men find themselves arrested for contempt of court for violation of an order of protection. This is a criminal offense, punishable by up to six months in jail, and a conviction makes it much harder to get shared custody or unsupervised visitation. We will aggressively challenge these charges, as well as charges of actual domestic assault and battery.
Helping Victims of Domestic Violence
Individuals who are victims of domestic violence or are physically abused should seek legal help. Abused men and women need the protection of the courts. Action can be taken to obtain an Order of Protection in the Family Court in the State of New York. There is also concurrent jurisdiction with the Criminal Courts concerning domestic violence matters.
Should you be a victim of domestic violence, criminal charges can be brought in some situations against the perpetrator of the domestic violence. In those situations you would receive an Order of Protection from the Criminal Court during the pendency of the prosecution of the individual who committed the domestic violence acts.
You can obtain an Order of Protection to deal with issues involving physical abuse, sexual abuse, harassment, stalking, assault, physical attacks and for certain types of emotional abuse.
1. Obtaining Help:
Our New York and Long Island domestic abuse attorneys are experienced in representing individuals seeking Orders of Protection.
2. There are basically two types of Orders of Protection:
A) “Refrain From” Order:
This type of Order of Protection orders the individual engaged in the inappropriate behavior to stop harassing you, making threats, assaulting you, perpetrating violence against you, having third parties harass you and also can stop this individual from communicating with you and or your children directly or through emails, telephone calls, text messages or by third-parties.
B) “Stay Away” Orders of Protection:
This is a more extensive order. It prevents the perpetrator from having any contact with you. It prevents him or her from even being in the vicinity of where you are located. If the perpetrator lives with you, he or she will be removed from the dwelling and forced to live in another location under this Order of Protection.
3. Dealing with Domestic Violence:
The Constitution of the United States says that everybody is entitled to life, liberty and the pursuit of happiness. If someone is physically abusing you, emotionally abusing you, harassing you, stalking you or making your life miserable, you may need an Order of Protection. You should not be forced to live your life in fear or by being constantly harassed, threatened or physically abused. At the Law Office of Elliot S. Schlissel, we are experienced in helping our clients obtain Orders of Protection for themselves, their children and other loved ones. We prepare the papers to be filed in the Family Court and in the Supreme Court to obtain Orders of Protection. We make court appearances for our clients . We prepare our clients for hearings when and if they become necessary. We litigate and protect our client’s rights should the applications for Orders of Protection be intested. Call our Long Island domestic abuse attorney should you have questions regarding your personal circumstances.
Elliot Schlissel has practiced law in Nassau County since 1977. Our experienced domestic violence attorneys focus on finding a quick and fair resolution to your case, regardless of the charges. Contact our Nassau County and Queens domestic violence lawyers 24 hours a day, day or night. We can help.
Contact An Experienced Domestic Violence Lawyer in Long Island NY
Contact us to discuss your case and our qualifications to represent you. Feel free to call toll free, any time, day or night, at 1-800-344-6431 or contact us at 718-350-2802. You can also reach us in Nassau County at 516-561-6645.
We welcome your inquires.
We have offices in Lynbrook, Queens, and Suffolk County, and we represent individuals throughout the New York metropolitan area, including Long Island, Nassau County, Suffolk County, Westchester County; and NYC’s five boroughs of The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.
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