Queens County Bar Association
Martindale Hubbell - Distinguished 2023

Does an Altercation Have to Have Allegedly Occurred in Order for a Domestic Violence Related Charge to Be Made, or Is a Threat of Violence Enough?

A threat is enough to justify a charge of domestic violence, even if it is not a threat of violence. Domestic violence is simply a term used to refer to the commission of any crime between parties who have a familial or sexual relationship. For instance, throwing a shoe at a family member’s TV and breaking it could result in a charge of criminal mischief, but would be handled as a domestic violence case. Harassment on the telephone without any involvement of violence could also be considered domestic violence.

My Girlfriend Called The Police And Alleged That I Hit Her. Since My Domestic Violence Related Arrest, She Has Been Texting Me To Get Back Together And Said She’ll Tell The Truth. Should I Ask Her To Go To The Police On My Behalf?

A defendant should never tell the police that the alleged victim wants to recant their allegation of domestic violence. In almost all cases of domestic violence, there will be an order of protection prohibiting the defendant from having any contact with the alleged victim, so informing the police of this would be an admission of contact with the alleged victim and could result in a new charge for violating the order of protection. This happens all too often.

Even if the alleged victim were to go to the police on their own accord to recant the allegation, the police would not do anything about it. This is because once a domestic violence complaint has been filed, it is up to the district attorney to decide whether or not to pursue the case.

For more information on Criminal Defense, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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