Brooklyn Domestic Violence Lawyer

Strong Representation Against Domestic Violence Charges

Domestic violence is a serious charge that can have life-altering consequences. If you are facing domestic violence charges, you need a Brooklyn domestic violence lawyer who will fight for you. At Mottola Uris Law, PLLC, our domestic violence defense attorneys have over 50 years of combined experience. We thoroughly understand the New York State domestic violence laws and can help you navigate the legal process.

When you are arrested in connection with a domestic incident in Brooklyn or elsewhere in New York City, the case often moves very quickly through arraignments, orders of protection, and early court dates. As former prosecutors, we know how these decisions are made in Kings County Criminal Court and other local courts, and we use that knowledge to protect your record, your family relationships, and your freedom from the very beginning of the case. We take the time to review the complaint, police paperwork, and any available evidence with you so you know what to expect at each stage.

Judges in New York take allegations of domestic violence very seriously, and an early misstep can impact bail decisions, contact with your children, and even your ability to return home. By getting us involved as soon as possible, you allow us to speak with prosecutors, gather favorable evidence, and begin building a strategy that takes into account your work, immigration status, and family obligations. Our goal is to put you in the best possible position before you make any decisions about pleas, programs, or going to trial.

Are you facing a domestic violence charge in New York? Call Mottola Uris Law, PLLC today at (718) 550-3318 or contact us online to schedule a meeting with our Brooklyn domestic violence lawyer!

What Is Domestic Violence?

Domestic violence is a crime that can involve physical, sexual, emotional, or economic abuse. In New York, domestic violence is the criminal offense of one family or household member against another. Family or household members include spouses, former spouses, co-parents, parents, children, siblings, and current or former romantic partners. The state of New York recognizes four types of domestic violence:

• Acts of physical domestic violence, which involves the use of physical force that causes or attempts to cause physical injury to a family or household member
• Sexual, domestic violence, which involves sexual acts without consent
• Physical domestic violence against an elderly person or a person with a disability, which involves physical force that causes physical injury to an elderly person or a person with a disability
• Stalking domestic violence, which consists of a pattern of harassing, threatening, or intimidating behavior that causes fear to a family or household member

New York law does not use a single “domestic violence” charge. Instead, prosecutors bring underlying charges such as assault, harassment, or menacing and designate the case as a domestic incident when the people involved have a qualifying relationship. That designation can affect where your case is handled, whether a special domestic violence bureau is assigned, and what programs the court may require. 

As Brooklyn domestic violence lawyers, we help clients understand how this designation can impact their options, including eligibility for treatment programs, counseling, or alternative resolutions that might lessen long-term consequences.

Because many incidents happen behind closed doors, cases often rely heavily on statements made in the heat of the moment, 911 calls, or the way officers documented the scene. We carefully examine whether the evidence supports the charges, whether there are injuries consistent with self-defense, and whether alcohol, mental health issues, or mutual conflict played a role. We also advise you about what contact, if any, is allowed under a temporary order of protection so that you do not unintentionally violate a court order while your case is pending.

Penalties For Domestic Violence Offenses In New York

The penalties for domestic violence depend on the type of abuse and the severity of the injuries. Generally, the penalties for domestic violence include the following:

• A first-time offense is typically a misdemeanor, leading to up to one year in jail and a fine of up to $1,000.
• A second offense within five years of the first offense is classified as a felony, resulting in up to four years in prison and a fine of up to $5,000.

Penalties may be enhanced if the victim suffered severe physical injury, the offender used a weapon, or there were prior convictions for domestic violence. Domestic violence charges can also lead to a restraining order, loss of custody of children, and difficulty finding employment or housing.

Types Of Domestic Violence Cases Our Brooklyn Domestic Violence Lawyers Handle

Our firm represents clients accused of everything from simple assault to aggravated assault. We have handled thousands of cases and know how to defend clients from domestic violence charges. We can help you understand your rights and options if you are facing domestic violence charges. We can explain the legal process, walk you through the steps, and help you obtain a favorable outcome.

Our domestic violence lawyers in Brooklyn can help you if you are facing any of the following charges:

• Assault in the third degree
• Assault in the second degree
• Aggravated assault in the second degree
• Assault with intent to cause serious physical injury in the second degree
• Menacing
• Criminal violation of a temporary restraining order
• Criminal violation of a protective order
• Criminal violation of an order of protection
• Child endangerment
• Criminal violation of a child support ordinance
• Criminal violation of a civil no-contact order
• Stalking
• Sexual abuse
• Sexual conduct against a child
• Unlawful imprisonment

Many of these charges can be brought together in a single complaint when an argument or incident escalates. As former Brooklyn prosecutors, we understand how the District Attorney’s Office evaluates domestic incident reports, 911 recordings, and medical records when deciding what to file. Our Brooklyn domestic violence lawyers review each allegation carefully to identify weaknesses, inconsistencies, or overcharging, and we look for opportunities to have charges reduced or dismissed. Our experience in the local courts allows us to anticipate how different judges and prosecutors may approach your case and to tailor our strategy accordingly.

Domestic violence accusations can arise in a wide range of situations, from long-term relationships and marriages to dating relationships and shared parenting arrangements. We frequently represent clients whose criminal cases intersect with Family Court petitions, divorce proceedings, or custody disputes in New York. When those issues overlap, we help coordinate your defense so that what happens in the criminal case does not unnecessarily harm your position in related courts. Our goal is to provide a coordinated, practical plan that considers all parts of your life, not just the criminal charges.

New York Domestic Violence Process And Orders Of Protection

When a domestic incident leads to an arrest in Brooklyn or elsewhere in New York City, the process usually begins with an arraignment in criminal court, often the next day. At that first appearance, the judge reviews the charges, considers bail, and almost always issues some form of order of protection. That order can range from a full stay-away order to a limited order that allows contact but prohibits harassment or threats. Our Brooklyn domestic violence lawyers prepare you for what will happen in Kings County Criminal Court or other local courts so that you understand what you can and cannot do once an order is in place.

Orders of protection are serious court orders, and violating them can result in new criminal charges, even if the other person invited the contact. We walk you through the specific terms of your order and help you plan for practical issues such as living arrangements, childcare, and exchanging personal property while the case is pending. 

In some situations, we can ask the court to modify the order of protection after the arraignment, especially if there is a strong need for contact about children or shared finances and the complaining witness agrees. We also explain how any existing Family Court orders interact with the criminal court order so that you are not put in an impossible position.

Defending Against Domestic Violence Allegations In New York

No two domestic violence cases are the same, and an effective defense starts with understanding the history between the people involved and the specific facts of the incident. As former prosecutors now focused on criminal defense, we know how the District Attorney’s Office builds these cases and what evidence they rely on most. 

Our Brooklyn domestic violence lawyers look closely at whether there are prior reports, whether neighbors or family members witnessed anything, and whether the physical evidence lines up with the statements that were made. Our goal is to identify any gaps or contradictions that can be used to challenge the accusations.

There are many potential defenses in a domestic incident case, including self-defense, defense of others, and situations where the injuries were accidental rather than intentional. In some Brooklyn cases, we may also explore whether a client was wrongfully identified as the primary aggressor when both people were involved in a heated argument or physical struggle. 

We review available video, messages, phone records, and medical documentation to determine whether the full context supports the version of events in the complaint. When appropriate, we can present this information to prosecutors in the Kings County District Attorney’s Office to argue for a reduction or dismissal of charges.

In addition to building a courtroom defense, we also discuss proactive steps you can take that may improve the outcome of your case. These can include counseling, substance use treatment, anger management, or parenting classes, depending on your circumstances and the concerns raised in the police reports. 

Taking these steps does not mean you are admitting guilt; instead, it can show the court that you are addressing any underlying issues and are committed to moving forward in a positive way. Throughout this process, we help you weigh each option, including going to trial, so you can choose the path that best protects your rights, your family, and your future in New York.

Call us at (718) 550-3318 to schedule an initial consultation with our Brooklyn domestic violence lawyer.

Frequently Asked Questions

Will I Go To Jail For A First-Time Domestic Violence Charge?

Jail is a possibility in any criminal case, but it is not automatic, especially for a first-time arrest. The potential outcome depends on the specific charge, the facts of the incident, your criminal history, and how the case is handled in court. In New York, many first-time domestic incident cases can be resolved through non-jail dispositions such as conditional discharges, probation, or treatment programs, depending on the circumstances and the strength of the evidence.

Can I Contact The Other Person If They Want To Talk To Me?

If a court has issued an order of protection, you must follow that order even if the other person reaches out to you first. Any contact that violates the terms of the order can lead to new criminal charges and make your existing case more difficult. If the complaining witness wants to change the order, that request has to be made through the court, and the judge decides whether a modification is appropriate under New York law.

What Should I Bring To My First Meeting About A Domestic Violence Case?

It is helpful to bring any paperwork you received from the police or court, including the criminal complaint, order of protection, and appearance ticket or release paperwork. You should also gather any relevant messages, emails, photos, or contact information for witnesses who may have seen or heard what happened. Having these materials available at the first meeting allows for a more detailed review of your situation and helps identify immediate steps that may protect you going forward.

Get Legal Help From Our Brooklyn Domestic Violence Attorney

If you have been accused of domestic violence, you need to speak with a Brooklyn domestic violence lawyer as soon as possible. At Mottola Uris Law, PLLC, we have the experience and dedication to help you. We understand how stressful this situation can be and will work to ensure that you are fully informed at all times.

Contact Mottola Uris Law, PLLC today to schedule a FREE consultation with our domestic violence lawyer in Brooklyn!