Harassment Lawyer in Queens

Queens Qualified Divorce Lawyer

Domestic violence crimes in New York include harassment and aggravated harassment. If you believe you have been a victim of either of these domestic crimes or if you have been accused of such crimes, you will need legal help. The Law Offices of Donald Mastrodomenico, P.C. is a family law firm that has been serving the people of Queens for more than three decades.

Because we practice family law exclusively, we have become extremely competent at what we do. Domestic violence is a family law matter that is generally addressed through Family Courts. Our attorney team is well-known and well-respected by judges and court staff whom we work with on a daily basis.

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Facing harassment charges or need protection? Call us now at (718) 268-8111 for a confidential consultation.

The Domestic Violence Crime of Harassment

Harassment consists of displaying the intention or threat to alarm, harass, or annoy another. This can be accompanied by physical action such as kicking, punching, or otherwise making contact with the person that is not considered friendly. Harassment also consists of following another person around in public areas with the intention to alarm, harass, or annoy. These both may be criminally charged as second-degree harassment.

Aggravated harassment is a more serious domestic violence crime. This crime is covered under New York Penal Law 240.30 which describes it as the intention to harass, annoy, threaten, or alarm another. It occurs when the offender communicates in some form to the victim or causes such a communication to be started which has the above intention. The communication may be by telephone, through the mail, or through email.

You may be found guilty of harassment, for instance, if you call someone with no real purpose for the phone call whether you ever speak to the person or not. Another example would be contacting the victim to harass them with foul language for whatever reason or grievance you believe you may have. If you engage in this behavior in a domestic situation, such as to an ex-wife, former girlfriend, or any other household member, you may be charged with this crime; you will need a lawyer to help minimize the consequences and expedite the matter of being released from custody.

Understanding Domestic Violence Laws in New York

Domestic violence laws in New York are designed to protect individuals from abuse within family or intimate relationships. These laws cover a range of crimes, including harassment, aggravated harassment, assault, and stalking.

• Harassment: In New York, harassment involves actions meant to alarm, annoy, or threaten someone. This can include physical contact or following someone with the intent to cause distress.
• Aggravated Harassment: A more serious charge, aggravated harassment occurs when someone threatens or annoys another through communications such as phone calls, emails, or texts, with the intent to cause fear or harm.
• Penalties: Both harassment and aggravated harassment can lead to criminal charges, with penalties ranging from fines to jail time. Aggravated harassment carries more severe penalties, including the possibility of felony charges.

These laws are important because they not only penalize offenders but also protect victims, helping them regain control of their lives in unsafe situations.

The Role of Restraining Orders in Domestic Violence Cases

Restraining orders, also known as orders of protection, are crucial tools in protecting victims of domestic violence and harassment. These legal orders place limitations on the accused to prevent further harm.

• What is a Restraining Order?
  A restraining order legally prohibits the accused from contacting or coming near the victim. It can also include directives such as staying away from the victim's home, workplace, or children.
• How to Obtain One:
  A victim can request a restraining order from a family court or criminal court. The process typically involves filing a petition that outlines the abusive or threatening behavior. In urgent cases, a temporary order can be issued immediately.
• What It Means for the Accused:
  If you are served with a restraining order, you must comply with the conditions. Violating the order can lead to arrest and additional criminal charges. Restraining orders can also affect custody or visitation rights if children are involved.

Legal Defenses Against Harassment Charges

Being accused of harassment or aggravated harassment can be a serious matter, but there are several legal defenses that may apply in such cases.

• Lack of Intent:
  One common defense is that the accused did not intend to harass or alarm the other person. Without the intent to cause distress, a harassment charge may not hold up in court.
• False Accusations:
  Sometimes, individuals may be falsely accused of harassment due to misunderstandings, personal disputes, or malicious intent. If the evidence supports that the accusations are untrue, it can serve as a defense.
• Freedom of Speech:
  In some cases, statements made by the accused may be protected by freedom of speech, especially if the communication is not threatening or harmful. This defense might be applicable if the accused’s actions fall within their constitutional rights.

A skilled attorney can evaluate the facts and help build a defense tailored to the situation. Proper legal representation is essential for minimizing the consequences of harassment accusations.

Frequently Asked Questions (FAQs)

• What is the difference between harassment and aggravated harassment in New York?
  Harassment involves intentionally annoying, threatening, or alarming another person, often through physical contact or following them. Aggravated harassment is a more severe offense, involving communications—such as calls, texts, or emails—with the intent to harass or threaten someone.
• Can a restraining order be lifted or modified?
  Yes, a restraining order can be modified or lifted, but only by the court. Either the victim or the accused can request a change, but the court will need to evaluate the circumstances before granting such a request.
• What happens if I violate a restraining order?
  Violating a restraining order can lead to serious legal consequences, including arrest, criminal charges, and possible jail time. It can also negatively affect your case in family court or criminal proceedings.
• Can harassment charges be dropped?
  Harassment charges can be dropped, but this decision is typically made by the prosecutor or judge based on the evidence and circumstances of the case. If there is insufficient evidence or if the charges are determined to be false, the case could be dismissed.
• How does domestic violence impact child custody?
  Domestic violence allegations can heavily impact child custody decisions. If the court determines that a parent’s behavior poses a threat to the child's safety or well-being, it could lead to restricted visitation or custody rights.
• What are the penalties for aggravated harassment in New York?
  Penalties for aggravated harassment can include jail time, fines, and a criminal record. Depending on the severity of the offense and whether it’s classified as a felony or misdemeanor, the consequences can vary.
• Can a restraining order be issued without a police report?
  Yes, a restraining order can be issued without a police report. A victim can file a petition directly with the court, and in some cases, a temporary order of protection can be granted immediately, even without law enforcement involvement.

Queens Experienced Divorce Attorney

Harassment, as either the victim or the accused, can be a serious legal matter. Getting representation from a trusted attorney can help pave the way toward a faster and more effective resolution.