Last Updated on: 17th October 2023, 10:57 pm

Queens Domestic Violence Lawyers: Your Guide to Legal Help in Queens, NY

Dealing with domestic violence is scary. You shouldn’t have to face it alone. This article will walk you through finding the right Queens domestic violence lawyer to protect your rights, safety, and future.

Types of Domestic Violence

Domestic violence involves physical, sexual, emotional, economic, or psychological actions used to intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. It can include:

• Physical abuse like hitting, shoving, punching, slapping, kicking, biting, choking, burning, restraining etc.
• Sexual abuse like marital rape, attacking sexual parts of the body, forced sex acts, unwanted touching etc.
• Emotional abuse like name-calling, put-downs, gaslighting, isolation from family/friends etc.
• Economic abuse like restricting access to money, ruining credit, controlling all finances etc.
• Psychological abuse like stalking, harassment, threats of violence, property damage, keeping weapons around to intimidate etc.

Domestic violence happens between intimate partners (married, living together, dating, exes) as well as other family members like parents, children, siblings etc. It affects people of all races, ages, genders, sexual orientations, religions, incomes, and education levels.

Queens Domestic Violence Laws

Here are some key NY domestic violence laws that could apply in Queens:

• Assault – Intentionally or recklessly causing injury to someone else. Even threatening violence can be assault.
• Aggravated assault – Assault that causes serious physical injury, is done with a deadly weapon, or is against certain protected groups like children, police, transit workers etc. It’s a felony.
• Stalking – Repeatedly contacting/harassing someone in a way that causes fear for their safety. Can include following, spying, threats, etc. Stalking someone more than once is a felony in NY.
• Harassment – Words, gestures, images, or actions meant to alarm, seriously annoy, or frighten someone. Can include cyberbullying. Aggravated harassment like threats, obscene calls, striking someone etc. is a misdemeanor.
• Strangulation – Impeding someone’s breathing or blood flow by applying pressure on their throat or neck. It’s a serious felony offense in NY since it can cause brain damage or death.
• Sexual abuse – Unwanted sexual contact like fondling, molestation, rape etc. Especially serious if the victim is physically helpless, mentally incapacitated, underage etc.
• Unlawful imprisonment – Holding someone against their will, like locking them in a room. Can be charged as a felony.
• Reckless endangerment – Acting in a way that creates substantial risk of serious physical injury to someone else. Very serious if done with a weapon.
• Criminal contempt – Disobeying a court order like a restraining order. Can lead to fines or jail time.

Penalties vary based on the specific offense charged – some domestic violence crimes in NY are misdemeanors while others are felonies with possibly years in prison. Any physical assault between intimate partners may also lead to a mandatory arrest in NY.

Getting a Protective Order

A protective order from the court is crucial to prevent further abuse. It can order the abuser to:

• Stop harassing, threatening, assaulting you
• Stay away from your home, workplace, school, etc.
• Move out of a shared home
• Follow custody/visitation rules
• Pay child support
• Surrender any firearms

Not obeying the protective order means serious criminal charges. Standard orders last up to 2 years, while criminal court orders can last up to 5 years. Domestic violence attorneys can help you file for an emergency temporary order, assist at hearings, and extend the order if needed.

Why Hire a Queens Domestic Violence Lawyer?

Navigating the legal system is tricky, but a skilled attorney can make all the difference. Here’s how a Queens domestic violence lawyer can help:

• Advise about your rights and legal options
• Guide you through the court process
• Gather evidence like medical records, photographs, police reports etc.
• Interview witnesses to build a strong case
• Negotiate with the prosecutor for dismissal or reduced charges
• Defend you vigorously if charges are filed
• Fight for the most favorable outcome possible

Having an assertive lawyer sends a message that you take the charges seriously. Domestic violence attorneys also bring experience handling these sensitive cases that general lawyers may lack.

Finding the Best Domestic Violence Lawyer in Queens

Look for a Queens attorney with a proven track record with domestic violence cases specifically. Try to find someone who:

• Focuses on domestic violence defense
• Has many years of relevant experience
• Is respected by prosecutors and judges
• Has successfully defended abuse cases like yours
• Makes you feel comfortable and understood
• Responds quickly to questions and concerns
• Is available for meetings and court dates

Also consider practical factors like location, fees, payment plans, office hours etc. You can find experienced lawyers through:

• Personal referrals from people you trust
• Searching lawyer directories like Martindale and Avvo
• Contacting your local bar association for recommendations
• Reading reviews on Google, Facebook, Yelp etc.

Narrow down the list to 3-5 lawyers. Schedule consultations to discuss your case details and see who you feel most comfortable with.

What to Expect at Your Consultation

Come prepared to make the most of the initial meeting. Bring any evidence like photos, medical reports, damaged property etc. The lawyer will likely:

• Ask questions about what happened
• Review police reports
• Discuss possible defenses
• Explain the legal process
• Address your concerns about safety, privacy, child custody etc.

Be open about all details – everything you share is confidential. Take notes so you can compare lawyers after. There should be no fee for an initial consultation.

Questions to Ask Prospective Lawyers

These questions will help you find the best attorney for your needs:

• How much experience do you have with domestic violence cases similar to mine?
• What will your legal fees be? Are payment plans available?
• What are the strengths and weaknesses of my case?
• What are my legal options and possible outcomes?
• Will you be the attorney actually handling my case?
• How quickly do you respond to calls and emails?
• Can you provide references from past domestic violence clients?

Avoid lawyers who guarantee certain results or pressure you to pay high fees upfront. Go with someone who listens closely, answers all questions, and outlines reasonable next steps.

What Legal Fees Will You Pay?

The average cost for a domestic violence lawyer ranges from $2,000-$5,000 though more serious felonies cost more. Factors affecting fees include:

• Attorney’s experience and reputation
• If you go to trial vs. plea bargain
• Number and complexity of charges
• Time spent – more court dates means higher fees

Many lawyers offer payment plans to break costs down into affordable monthly installments. Also ask if any fees are refundable if charges get dismissed.

Financial Help for Legal Fees

If you can’t afford a lawyer, these options may assist:

• Legal aid organizations – Provide free lawyers to low-income clients. Check if you qualify based on your income level.
• Court-appointed counsel – If the court finds you can’t afford a lawyer, one may be appointed to you for free or reduced cost.
• Law school clinics – Law students supervised by professors work on cases at no cost.
• Payment plans – Many lawyers allow you to pay over time in installments.

Don’t go through the legal process alone if you can avoid it. An experienced domestic violence attorney can make a big difference in the outcome of your case in Queens.

The Legal Process in Domestic Violence Cases

If you are charged with a crime, your attorney will walk you through the legal process. Here are the general stages:

1. Arrest – Police may make an arrest immediately if they have probable cause, like visible injuries or witness statements.
2. Charges filed – The district attorney reviews the police report and evidence then decides what charges to file, if any.
3. Arraignment – Your first court appearance where charges are formally presented. You enter a “not guilty” plea.
4. Pretrial hearings – Your lawyer may challenge evidence, file motions to dismiss, negotiate with the prosecutor, etc.
5. Plea bargain – Your attorney may negotiate pleading to lesser charges in exchange for dropping more serious ones.
6. Trial – If no plea deal, your case goes to trial. Your lawyer will defend you before a judge or jury.
7. Sentencing – If found guilty, the judge gives your sentence. Your lawyer advocates for leniency.
8. Appeal – Your lawyer can appeal the conviction or sentence if there are legal errors.

With an aggressive defense attorney in your corner, many cases can be dismissed pre-trial or plead down to less serious misdemeanors to avoid jail time and a criminal record.