New York Toughens Domestic Violence Laws

January 05, 2013 (Press-News.org) New York toughens domestic violence laws

New York residents feel that domestic violence is a serious issue and recently enacted legislation attempts to strengthen domestic violence laws in New York.

Details of the new domestic violence laws

State lawmakers say the new legislation fills gaps within the current laws and provides additional protection to domestic violence victims. The new law focuses on the ability of offenders to repeatedly abuse their victims without serious consequences, one of the primary issues with domestic violence.

Under the new law, domestic violence offenses will be classified as felonies for repeat offenders. Previously, repeat domestic violence offenders were only charged with misdemeanors for new arrests, even if they had previous convictions. Judges may also consider additional risk factors when determining the amount of bail to set.

Additionally, a victim's remains are no longer available to individuals charged with the murder or manslaughter of a family member. Lawmakers adopted the law last June after an accused murderer refused to hand over his wife's remains for a funeral a few years ago.

The new laws also include the creation of an aggravated family offense. Individuals convicted of a crime against a family member within the last five years face automatic prosecution if charged with an additional offense. Those convicted of an aggravated family offense face up to four years in prison.

The new law also creates a special domestic violence court for parolees. The purpose of the new court is to regulate parole violation procedures and provide added security to victims and their families.

Order for protection process

An order for protection, or OFP, is issued by a court to restrict the actions of a person who harms or threatens to harm to another person. An order for protection potentially limits a wide variety of activities by the offender. An order for protection may force a person to:
-move out of a home;

-stay away from a specific person or child;

-follow custody orders;

-pay child support

-and not own a gun.

Orders for protection are initiated in either family or criminal court. A person wishing to obtain an order for protection in family court files a family offense petition. In criminal court, an order for protection is normally put in place by the judge as a condition of release or bail. The district attorney often requests the order on behalf of the victim. The judge then decides whether to grant the order and determines its terms and conditions.

Domestic violence accusations can result in the loss of important rights. Individuals charged with a domestic violence crime are often forbidden to see their children or even from returning to their own home. An experienced criminal defense attorney can help in this type of situation. The attorney can provide valuable assistance and assist with mitigating consequences of a protection order.

Article provided by Luke Scardigno, Attorney at Law
Visit us at http://www.lukescardigno.com/