Domestic Violence Charges
It seems as though the dictate of the New York City Police Department is to make an arrest every time they receive a call concerning an alleged domestic violence incident. In fact, there seems to be a "must arrest" policy in this regard.
This "must arrest" policy is presumably in effect to ensure that the New York City Police Department is not blamed, if after having arrived at the home from which a "911 call" was placed, a serious act ofphysical violence takes place. While the policy may seem logical, it does not always lead to a just result. It seems like whoever places the 911 call will be the victim; and the other person will be labeled the aggressor. Upon arriving at the scene, police arrest the individual who did not place the 911 call and ask questions later.
The individual arrested is then taken to the precinct to be fingerprinted and photographed; then shuffled down to Central Booking to await arraignment before the Judge. As a matter of course, the prosecutor will usually request that bail be set, so that they can say they "did their job;" leaving it up to the Judge. Judges are often inclined to Order bail in these cases and almost always issue an Order of Protection in favor of the complaining witness and against the person arrested. The Order of Protection will require the defendant to have no contact with the complainant, or victim, while the case proceeds.
Problems with an Order of Protection often arise. Because local Criminal Courts are so busy, Judges are often inclined to Order that the person arrested, the defendant, not go to the apartment or house where the complaining witness is. However, if the defendant is the one whose name is on the lease or deed, this may be unjust. This is why it is so important to retain an experienceddomestic violence lawyer to represent you at the arraignment and throughout the case. If this is brought to the Judge's attention, she may have the discretion to require that the complaining witness find a place to stay other than the home of the defendant, the one who was arrested.