Bronx, NY asked in Domestic Violence for New York

Q: What happens if your on probation for domestic violence and you get charged with the same offense again

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2 Lawyer Answers

Julie Rendelman

  • Domestic Violence Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on several factors. If you had an order of protection from the first offense, then potentially the new case is a violation of the order of protection so you could be facing contempt charges along with whatever new charges stem from the offense. A second offense of domestic violence is very serious and there is a possibility of jail time.

Peter Christopher Lomtevas

  • Domestic Violence Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: You will likely have your probation revoked. You'll be remanded to jail ad you'll be arraigned on the new charges - typically a felony violation of an order of protection and any other crimes against the protected person that she wishes to raise.

The well never runs dry. Many men, especially foreign men, believe they remain the 'husband/father' after arrest and prosecution that despite a stay-away order of protection, simply phone the wife to chat as if nothing happened. Unfortunately, like a monkey with a new set of eyeglasses, courts want to squeeze every case into the same hole. The man is now a suspect and is no longer the head of the household. The stay away order of protection means the man must stay away from his family no matter what. Even if the woman calls on the phone, the man must treat the call as set up for a further arrest (usually for kicks).

It is this misunderstand of domestic violence law and a reliance on a sense of 'justice' that the men never committed any crime that these cases are repeating. After a further criminal prosecution, the other parent will take pains to isolate your kids from you if you have kids with her. This will arise in the form of a family court custody proceeding or a divorce if you are married. Eventually you'll realize that interpersonal relationships are criminalized and you'll choose more carefully who you allow into your circles.

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