It Pays To Have Experience On Your Side.
free consultation917-639-5370

What must have occurred to warrant a domestic violence arrest?

New York authorities take a strong stance against domestic violence offenses. In fact, New York is a mandatory arrest state, which means if police officers deem probable cause exists, they are required by law to make an arrest. While the law is intended to protect possible victims from harm, it can put those innocent but accused of domestic violence in a terrible situation.

For example, suppose you and your significant other are having an argument. Perhaps the argument gets worse and the two of you become very loud and vocal in your disagreement. The neighbors might be alarmed and call the authorities to investigate. If the police officers feel that imminent harm may occur, they could arrest one of you for domestic violence.

In another example, suppose you and your spouse are having serious relationship problems. You fight and argue, but have never resorted to violence. If your spouse is feeling particularly vindictive, he or she may make false allegations of domestic violence against you. Again, it will be up to the police to use their best judgment about making any arrests and they may decide to err on the side of caution.

Without the presence of any gray areas like the examples above, most mandatory domestic violence arrests occur in the following situations:

-- If one party has committed a felonious act against the other party

-- If the defendant has violated an order of protection

-- If the defendant has committed a family offense which violates a protective order

-- Although not mandatory, the police may or may not make an arrest if a misdemeanor family offense has occurred

Hopefully, this has answered your question, but if you believe you have been falsely arrested, you should take steps to defend yourself right away. You will likely benefit from consulting a lawyer about the details of your case.

Source: New York State: Office for the Prevention of Domestic Violence, "Domestic Violence: Finding Safety and Support - Deciding to Use the Police or Courts," accessed May 19, 2016

No Comments

Leave a comment
Comment Information

Honors and Memberships

Super lawyer American college trial lawyers The national trail lawyers AV Preeminent
Contact us

contact our law firm

If you are facing a criminal charge or securities dispute, it pays to have experienced lawyer on your side. Contact us today online or by telephone at 917-639-5370 to speak with an experienced New York City defense lawyer.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

New York
Bachner & Associates, P.C.

New Jersey
Bachner & Associates, P.C.

New York Office
39 Broadway, Suite 1610
New York, NY 10006

Phone: 917-639-5370
Phone: 212-344-7778
Fax: 212-344-7774
New York White Collar Crimes Office

West Caldwell Office
New Jersey Office
175 Fairfield Avenue, Suite 3D
West Caldwell, NJ 07006

Toll Free: 877-388-6461
Phone: 212-344-7778
Fax: 212-344-7774
Map & Directions