This New York-based criminal defense legal blog has provided its readers with many informative articles on topics related to their rights under state law. It is the goal of this post to introduce readers to one important component of a damaging and often difficult to defend type of assault: domestic assault. One of the key components of this specific assault charge is the existence of a relationship between the accuser and the accused.
Under New York law domestic assault can occur between people who are affiliated through marriage or blood. For example, a spouse may be accused of domestic assault by their partner, or a sibling may accuse their brother or sister of the same charge. Living in the same household as the other party may be sufficient to form a domestic link between the parties.
Even if a person is no longer married to their alleged accuser they may be charged with domestic assault. A former marital partner, a person with whom the accused shares a child or a person with whom the accused is in an intimate non-marital relationship may all bring domestic assault charges. To this end, domestic assault charges require relationships, either current or past, to exist between accusers and accused parties in order to stand.
Domestic assault allegations are serious legal matters and can be handled in the criminal courts. An accused party may have options for their defense, though, depending upon the facts of their case. Self-defense and other justification-based claims may help them avoid the damaging consequences of domestic assault convictions and may help them preserve their rights and relationships with their close family members.