Westchester Domestic Violence Lawyer

Nearly 50 Years of Combined Experience Defending Westchester County Clients in Criminal & Family Court

Notice: If you need to sue for damages or are a victim of a crime, please reach out to a civil attorney or the police.

A domestic violence accusation in New York doesn’t just mean a criminal charge. Within hours of a police call, you may be removed from your home, served with a temporary order of protection, and face proceedings in both Criminal Court and Family Court simultaneously. How those two tracks are handled together can affect the case far more than either one handled alone. At Riebling & Payton, PLLC, we represent clients in both Westchester Criminal Courts and Westchester Family Courts, and we have handled countless domestic violence cases throughout the county.

In Westchester County, cases that involve both criminal charges and a Family Offense Petition can be heard in the Integrated Domestic Violence (IDV) Court in White Plains, where a single judge oversees criminal, family, and matrimonial matters together. That consolidated structure makes a unified defense strategy essential from the very first court appearance. Our offices in Mount Kisco and White Plains put us close to where these cases are heard.

Facing domestic violence allegations in New York? Call (914) 712-6878 or contact us online to schedule a free and confidential case evaluation with our Westchester domestic violence lawyers today.

What Qualifies as Domestic Violence in New York?

New York doesn’t define domestic violence as a single crime. It’s a classification that applies when a qualifying criminal offense is committed against a family or household member. Under New York’s Family Court Act §812, two factors determine whether charges fall under the domestic violence umbrella: the nature of the act and the relationship between the parties.

Family or household members include current and former spouses, people related by blood or marriage, co-parents of a child regardless of marital status, and people who are or have been in an intimate relationship. The conduct doesn’t have to be physical. Verbal abuse, stalking, threats, harassment, strangulation, sexual offenses, child endangerment, and property crimes can all form the basis of a domestic violence case when the alleged victim meets the relationship threshold.

Criminal charges and Family Court allegations in a Westchester domestic violence case may include:

• Verbal abuse, threats, and attempted rape
• Stalking (NY Penal Law § 120.50)
• Rape and sexual offenses (NY Penal Law §§ 130.25, 130.60)
• Physical assault (NY Penal Law § 120.00, 120.05 and 120.10)
• Child endangerment (NY Penal Law § 260.10)
• Aggravated harassment (NY Penal Law § 240.30)
• Harassment (NY Penal Law §§ 240.25 and 240.26)
• Criminal mischief (NY Penal Law § 145.00)
• Burglary and Robbery (NY Penal Law § 140.20)
• Unlawful imprisonment (NY Penal Law § 135.05)
• Menacing (NY Penal Law §§ 120.13, 120.14, and 120.15)
• Strangulation (NY Penal Law §§ 121.11, 121.12, and 121.13)

Orders of Protection & What Follows

New York has mandatory arrest laws for domestic violence. When police respond and have reasonable cause to believe a domestic violence offense has been committed, they are required to make an arrest, even without independent verification. Violence doesn’t have to have occurred. Threats, harassment, menacing, and stalking are each sufficient. Once an arrest is made, the decision to pursue charges belongs to the prosecutor, not the alleged victim.

How Orders of Protection Work

A temporary order of protection is typically issued at arraignment and extended from court date to court date until the case resolves. If the case results in a felony conviction, a final order can last up to eight years in Criminal Court. In Family Court, final orders typically run up to two years, or up to five years when the court finds aggravating circumstances. A full order of protection prohibits all contact, including phone calls, texts, and emails, not just physical proximity. A single text message to the protected party can result in criminal contempt charges at the misdemeanor or felony level and may trigger bail revocation if you are out pending trial.

Collateral Consequences of a Conviction

The stakes beyond incarceration are serious. A domestic violence conviction can cost you professional licenses in fields including law, medicine, real estate, and financial services. It can damage child custody proceedings, make it harder to find employment, and prevent you from returning to your own home. Orders of protection are sometimes sought as tactical leverage in divorce or custody disputes, which is one reason challenging them with experienced counsel matters from the outset.

Defense Strategies for Domestic Violence Charges in Westchester County

The burden of proof in Criminal Court is beyond a reasonable doubt. An effective defense doesn’t require proving innocence; it requires creating sufficient doubt in the prosecution’s case. In Family Court, the burden drops to a preponderance of the evidence, which makes a coordinated approach across both proceedings essential. A strategy that works in one court can affect proceedings in the other, for better or worse.

Domestic disputes often occur without independent witnesses, leaving the case to turn on competing accounts. Weak or inconsistent evidence, a complaining witness whose account has changed, or documentation that an accusation arose during a divorce or custody dispute can all be central to the defense. Common approaches include:

• Self-defense: A person has the right to defend themselves from imminent harm. A properly documented self-defense claim can support a defense to assault charges.
• False allegations: Domestic violence accusations are sometimes made during divorce or custody disputes as a means of gaining an advantage. The circumstances surrounding an allegation are directly relevant to the accuser’s credibility.
• Lack of sufficient evidence: Without independent witnesses or corroborating physical evidence, the prosecution’s case may rest entirely on the alleged victim’s account.
• Accidental events: The prosecution must establish intent for most assault charges. Not every injury results from intentional conduct, and that distinction matters.

Because many Westchester domestic violence cases involve both a criminal charge and a Family Offense Petition, the defense has to account for both courts at the same time. A statement made in one proceeding can be used in the other. We build a defense that protects our clients across both tracks from the beginning.

Why Clients Choose Our Westchester Domestic Violence Defense Attorneys

When you work with Riebling & Payton, PLLC, you work directly with Marcia Payton and Stephen Riebling, not a junior associate. Together, they bring nearly 50 years of combined legal experience to domestic violence cases across Westchester County.

Marcia Payton’s background as a former Manhattan Assistant District Attorney gives us direct insight into how the Westchester District Attorney’s office builds domestic violence prosecutions. She understands how cases are constructed and where they can be challenged. Stephen Riebling handles domestic violence trial defense and brings that courtroom focus to every case that requires it. That combination of prosecutorial insight and trial experience is directly relevant to the dual-track proceedings Westchester County’s IDV Court produces.

Our offices in Mount Kisco and White Plains serve clients throughout Westchester County, and we’re prepared to travel to New York City and the Bronx when clients need us there. We offer free and confidential case evaluations and can walk you through your situation, your options, and what to expect at every stage.

If you’re looking for a domestic violence attorney in Westchester County, call (914) 712-6878 or contact us online to schedule your free and confidential case evaluation today.