Spousal Abuse / Domestic Assault

Domestic assault is considered a form of domestic violence (sometimes called "spousal abuse.") If you were accused of any form of domestic assault against a girlfriend / boyfriend, husband / wife, parent, sibling, or child, then contact attorney Rochelle Berliner in Queens, N.Y., to discuss your case. Call 718-261-5600 today.

False allegations are more common than people think. Especially during a break up, divorce, or child custody battle, one side might make a false allegation to gain an advantage. Other times a person will call the police for help without any desire for an arrest only to learn that the police do not take into consideration the complaining witness's wishes.

Queens Domestic Assault Lawyer

Law Office of Rochelle S. Berliner represents both men and women in domestic assault cases throughout the five boroughs of New York City: Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. Many of Rochelle Berliner's clients are professionals working in New York City who never imagined such an allegation would be made against them.

Any charge of domestic violence has serious repercussions and collateral consequences that can last a lifetime if the case is not fought aggressively.

After an arrest for domestic assault, college students are subject to disciplinary action including expulsion. Professionals such as members of the military, nurses and doctors, lawyers and law school students and certified educators and teachers face the most serious collateral consequences. Without proper representation, the allegations can sometimes be career ending.

Domestic Assault Information Center

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Domestic Assault Statistics

Domestic assault and violence is a most serious threat to the safety of women and children in this country. Any allegation is treated very seriously.

The Justice Department estimates that two million women are severely assaulted by their partners annually. It is estimated that nearly one-third of emergency room visits by women stem from domestic abuse. Many argue, however, that the pendulum has swung too far in favor of individuals making false allegations.

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Definition of Domestic Assault and Violence in New York

The State of New York defines domestic violence (DV) as:

"A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim."

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Domestic Violence Bureau in Queens, N.Y.

In Queens, N.Y., domestic assault cases are funneled through the Domestic Violence Bureau. The DV Bureau was established in August, 2000 to prosecutes misdemeanor and felony cases involving domestic partners. The prosecutors in these divisions do nothing but prosecute these difficult cases.

The prosecutors in the Domestic Violence Bureau are specially trained to deal with the complex inter-personal dynamic involved in these types of case. Misdemeanor and felony domestic assault cases are often difficult to prosecute for the following reasons:

  • the alleged victim is the only witness to the offense and other than that testimony, no other evidence exist to support the allegations;
  • the alleged vicitim DOES NOT want to prosecute because:
    • he or she only wanted the other person removed from the house and did not realize that the other person would be arrest;
    • the allegations were exaggerated by the police;
    • the contact was only an accident but the police made an arrest anyway;
    • the District Attorney's Office is prosecuting the cae more aggressivley than deserved which is more devastating to the family than the original incident.
  • the alleged victim DOES want to prosecute because;
    • it will give the complaining witness an advantage in a pending divorce or child custody battle;
    • the allegation of made out of spite to get the person accused out of the house;
    • it is the only way for the alleged victim to avoid deportation because the pending charge allows the alleged victim to apply for a U-Visa.

If you need a domestic assault attorney in Queens, call the Law Office of Rochelle S. Berliner to talk about your pending criminal charges.

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Domestic Assault Cases in Brooklyn, N.Y.

In New York City, Brooklyn had the highest rate of reported domestic assault and violence cases last year, according to the New York State Department of Criminal Justice Services. Those domestic violence cases included 22 homicides. See People v. Martinez, 40 Misc.3d 1204(A), Unreported Disposition, Supreme Court, Kings County, New York (July 2, 2013).

In 2014, prosecutors in Brooklyn handled more than 8,000 domestic violence cases. At least four people have been killed in Brooklyn in crimes involving intimate relationships in 2014.

About 3,000 cases of domestic violence are opened at any one time. See "In Brooklyn, a Move to Thwart Deadly Domestic Abuse," Stephanie Clifford, September 26, 2014.

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Additional Resources

Brooklyn Family Justice Center - In 2005 by the New Your City Mayor's Office to Combat Domestic Violence and the Kings County District Attorney’s Office established the Brooklyn Family Justice Center. The center is funded by he United States Justice Department's Office on Violence Against Women. It coordinates various services for alleged domestic violence victims in one location.

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Finding a Domestic Assault Attorney

If you were charged with domestic assault after a fight with a loved one, hire an aggressive and experienced criminal defense attorney to represent you in the case. Queens domestic assault lawyer Rochelle Berliner is experienced in all types of domestic violence cases.

When you call 718-261-5600 or submit an online form, you can schedule a free consultation either in the office or over the phone to discuss the facts of your case. Your consultation with Law Office of Rochelle S. Berliner is completely free and confidential.

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Rochelle Berliner
Rochelle Berliner

Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...

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