In 1996, a Brooklyn man who was accused of committing acts of Domestic Abuse against his wife was arrested, charged, and as a condition of bail, was issued a command by the court that he attend a domestic violence counseling program. He applied to the court that he felt that the condition of the domestic violence counseling program was unreasonable. The suggestion was that because he had not been convicted of domestic violence, that requiring treatment for domestic violence offenses presumed guilt of the offense that he was only charged with. The court disagreed and denied his motion.
The judge stated that his justification in requiring the father to attend domestic violence training had nothing to do with a supposition of guilt, rather it was a way of reminding the subject that he was under the control of the court until trial. The judge stated that statutory language that is used to establish bail guidelines states that the court may deem any other conditions as it sees appropriate. He views this language to as authorizing the court to establish as a reasonable bail condition, attendance at a domestic violence program.
The judge went further by stating that experience: “evidences that cases involving family violence require heightened attention since they are not random acts, but crimes with a targeted victim often involving complex and highly charged emotional circumstances. Until there is a determination of guilt or innocence the court is responsible not only to seek justice by safeguarding the rights of the defendant; it must also insure that the complainant is secure and that societal peace is preserved during the pendency of the action. Directing a defendant to attend alternative to violence courses helps insure this.”(701 N.Y.S.2d 613,2000 N.Y. Slip Op. 20,038)
The judge advised that he felt that requiring attendance at such programs in the courts opinion makes it less likely that a temporary order of protection will be violated. The claim is that it helps the court to secure the peace and protect the family. He advised that it was a minimally inconvenient alternative to jail. However, he had already stated that bail in the state of New York was not to be considered punitive, but just an insurance policy that the subject would be present on the court date specified.
The father’s motion for dismissal of the requirement to go to the domestic violence training is not accepted.
In many cases, it is difficult for a person to understand that incidents that occur within hearing of a child constitute neglect. A parent who threatens to kill the other parent is in effect neglecting the mental wellbeing of the child. Any act of outright domestic violence, hitting, slapping, pinching, verbal abuse, all constitute a criminal act. If they are done in front of a child then it constitutes neglect.
If you find yourself in a position that may be considered domestic violence or child neglect based on an incident of domestic violence, contact Steven Bilkis and Associates. At Steven Bilkis and Associates there are attorneys who are available to assist you, no matter what your case. Steven Bilkis and associates are qualified to handle any domestic violence needs.
Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide New York Order of Protection Attorneys, New York Domestic Violence Lawyers, New York Assault Attorneys, and New York Criminal lawyers. New York Family Lawyers will stand by you and ensure that your rights are protected. New York Personal Injury Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.
Stephen Bilkis & Associates with its Domestic Violence Lawyers has convenient offices throughout the New York Metropolitan area including Corona, New York. Our Personal Injury Attorneys can provide you with advice to guide you through difficult situations. Without a Domestic Violence Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the assailant has not adequately made their case. In addition to Personal Injury Law, Stephen Bilkis and Associates can recommend Criminal Lawyers who will protect your rights if you are ever arrested.