False allegations of domestic violence can have a devastating impact on a family. Once a false allegation is made, law enforcement officers are trained to make an arrest, even if the officer has serious doubts about the truth of the allegation.
The officers must often rely on one side of the story without any time to understand the prior difficulties of the parties. Often concerns about a pending divorce or anticipated child custody issue motivate the false allegations.
Although the public typically imagines the “battered” girlfriend or wife based on the images presented in popular culture, criminal defense attorney Rochelle Berliner understands that the truth is never so simple. Allegations of domestic violence can impact men and women of all professions and from all walks of life.
The impact on professionals, such as doctors, nurses, lawyers, educators, members of the military, and law enforcement officers, is particularly serious. An allegation comes with the threat of jail time and a conviction, but without the right representation, the collateral consequences to a person’s career and good name can be just as devastating.
Jeffrey D. Cohen is committed to securing the best possible outcome for his clients when faced with domestic violence allegations. He conducts thorough investigations, attentively listening to his client’s perspective.
When necessary, Defense Lawyer Cohen, vigorously pursues motions to suppress and dismiss the charges. With a background as a former prosecutor, he possesses deep insights into the legal system, offering his clients a robust defense.
Mr. Cohen has advocated for both men and women facing domestic assault charges in Queens, New York, as well as Brooklyn and Manhattan. He offers a confidential, no-cost consultation to discuss the specifics of your case, empowering you to take proactive steps against any unfounded or exaggerated allegations of domestic violence.
The Law Office of Jeffrey D. Cohen handles a wide array of domestic violence accusations, including child endangerment. This is a contentious issue often laden with subjective viewpoints, demanding the expertise of a skilled attorney to navigate.
Additionally, he represents individuals accused of endangering elderly persons, a complex situation that can involve challenges such as emotional hearsay and flimsy evidence.
Domestic Violence Attorney, Cohen’s practice also covers stalking and cyberstalking cases, which are particularly sensitive given their occurrence within current or former domestic partnerships.
This underscores the need for a criminal defense attorney adept at effectively challenging such allegations.
In cases of false abuse allegations, the accused is immediately issued a full stay-away Order of Protection. This often results in the accused, who may also be the family’s primary provider and involved in childcare, being forced to leave the residence, leaving behind their children. This situation can be profoundly distressing for the children. It’s important to note that the alleged “victim” may not have intended for this consequence, but once the Order of Protection is in effect, there is no easy reversal.
In the best-case scenario, if the “victim” opts not to cooperate with the District Attorney’s Office and refuses to provide a “Corroborating Affidavit,” it will take a minimum of 90 days for the case to be dismissed.
Throughout this period, the accused, whether a spouse, partner, or family member, must refrain from returning home or contacting the children.
If the accused wishes to have visitation rights with the children, they must seek assistance from the Family Court.
This process adds an additional layer of complexity and stress to an already challenging situation.
If you have been falsely arrested for domestic violence charges, this can greatly affect not just you but your family. If the police are called, the procedure is to place someone under arrest. Often times, law enforcement only listens to one side and don’t get the full story. Contact Jeffrey Cohen, an attorney who practices Domestic Violence in Queens, Manhattan, Bronx, Brooklyn, Nassau and Suffolk Counties. Call and speak to Mr. Cohen personally at (718) 275-5900
As former prosecutor, he understands the allegations, listens to his client’s position, and is proactive in contacting the prosecutor and aggressively seeks to protect his client’s rights. Mr. Cohen has represented both men and women in New York, Queens, Bronx, Nassau and Suffolk.
Domestic violence is a deeply sensitive and significant concern in New York City, with the NYPD responding to a staggering 230,000 calls related to domestic violence annually. This means that, on average, nearly six hundred calls concerning allegations of domestic violence are addressed by NYPD officers each day.
In New York City, alleged victims of domestic violence are directed to more than four hundred different domestic violence prevention investigators and officers stationed in precincts throughout the city. These dedicated officers visit the homes of the alleged victims, providing crucial support and resources. They offer court referrals, recommend counseling services, and assist in obtaining domestic violence orders of protection, underlining the comprehensive approach taken by the New York State Police Department.
However, it’s essential to recognize the challenging nature of this duty for NYPD officers. Responding to domestic violence calls can be fraught with danger and unpredictability. Under such circumstances, even well-intentioned officers may sometimes make serious errors when handling an arrest. This highlights the intricacies involved in addressing domestic violence cases, emphasizing the need for a nuanced and expert approach in law enforcement.
In essence, the intricate web of legal processes, from the initial call to law enforcement to court proceedings, reflects the gravity of domestic violence in New York City. Navigating this terrain requires a thoughtful and meticulous approach from all parties involved, ensuring that justice is served while minimizing unintended negative consequences.
Responding to such calls is a challenging task for NYPD officers. They face potential danger and uncertainties in every situation. Under these demanding circumstances, mistakes in the arrest process can occur, underscoring the complexity and sensitivity of domestic violence interventions.
Types of cases:
If you have been arrested the charges can be very serious. Mr. Cohen has represented clients, including professionals, such as doctors, nurses, lawyers, educators, members of the military and law enforcement officers. An allegation comes with the threat of jail time and a conviction. This could affect a person’s career and good name.
The firm works on all types of domestic violence allegations, including spousal abuse, both physical and mental assault and child endangerment. Due to this, having a knowledgeable attorney at your side is critical in finding solutions to this difficult to defend charge.
Domestic violence is any physical, sexual, or psychological abuse that people use against a former or current intimate partner. It refers to a number of criminal behaviors: assault and battery; sexual assault; stalking; harassment; violation of a civil restraining order; homicide; and other offenses that occur in the course of a domestic violence incident, such as arson, robbery, malicious destruction of property, and endangering a minor.
Charge | Penal Law |
Aggravated Harassment in the Second Degree | 240.30 |
Assault in the Second Degree | 120.05 |
Assault in the Third Degree | 120.00 |
Attempted Assault | §110.00/120.00 or §110/120.05 |
Criminal Mischief | 145.12 |
Criminal Mischief in the Second Degree | 145.10 |
Criminal Mischief in the Third Degree | 145.05 |
Criminal Mischief in the Fourth Degree | 145.00 |
Disorderly Conduct | 240.20 |
Forcible Touching | 130.52 |
Harassment in the First Degree | 240.25 |
Harassment in the Second Degree | 240.26 |
Menacing in Second Degree | 120.14 |
Menacing in the Third Degree | 120.15 |
Reckless Endangerment in the First Degree | 120.25 |
Reckless Endangerment in the Second Degree | 120.20 |
Sexual Abuse in the Second Degree | 130.60 (1) |
Sexual Abuse in the Third Degree | 130.55 |
Sexual Misconduct | 130.20 |
Stalking in the First Degree | 120.60 |
Stalking in the Second Degree | 120.55 |
Stalking in the Third Degree | 120.50 |
Stalking in the Fourth Degree | 120.45 |
Endangering the Welfare of a Child | 260.10 |
Unlawfully Dealing with a Child in the First Degree | 260.20 |
Unlawfully Dealing with a Child in the Second Degree | 260.21 |
Mr. Cohen represents those accused of elderly assault or endangerment which often involves statements that are fabricated and weak in evidence. The Law Offices of Jeffrey Cohen also handles areas such as stalking, criminal contempt and cyber-stalking. This makes the defense of such a charge a fragile process that requires a criminal defense attorney who can refute the allegations in an effective manner.
Many arrests arise out of false allegations of abuse is that the accused is forced to leave the residence with a full stay-away Order of Protection is issued; often leaving his/her children behind. Frequently, the alleged “victim” does not want her loved one arrested, and did not intend this result. However, once the spouse, partner or family member is arrested, they are forced to leave the home with that full Order of Protection.
It is the District Attorney’s job to prosecute the accused. It is very important that you have an attorney who is skilled and dedicated to his client’s rights; not just hiring a lawyer who would simply believe the “victim,” and generally will not conduct an independent investigation into the allegations.