The term domestic violence simply refers to the classification of the relationship between the complainant and the defendant, which means there is no one specific crime that is defined as domestic violence. Domestic violence in and of itself does not exist as a crime within the Penal Law.
When Will I See A Judge After An Arrest On Domestic Violence Related Charges?
Under the new Bail Reform Act in New York State, most people who have been charged with a crime (whether serious or minor) will be automatically released without bail and/or given a desk appearance ticket without first having to see a judge. However, this is not the case when it comes to domestic violence charges. People who have been charged with domestic violence will be brought before a judge and arraigned shortly after the arrest. This is because the district attorney will want an order of protection issued, which cannot be done at the precinct.
This means that someone who has been arrested for the minor assault involving a person with whom their relationship is not familial or sexual in nature will be released without even having to see a judge. If, on the other hand, someone were to be arrested on a non-violent charge related to domestic violence, they would have to remain in custody until seeing a judge so that an order of protection could be issued. Unfortunately, this is a very unfair distinction.
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