Domestic Violence Attorney Mount Kisco

Trusted Defense Backed by Experience & Client-Centered Support

If you are seeking the support of a domestic violence attorney in Mount Kisco, your choice of representation can impact every part of your future. With nearly 50 years of combined experience, our legal team stands by those facing allegations in Mount Kisco and Westchester County, bringing proven results and a personal, communicative approach. 

At Riebling & Payton, PLLC, we deliver responsive service, clear answers, and steady guidance, ensuring your rights are protected and every step feels manageable. As your domestic violence lawyer, we are committed to helping you understand both the immediate court process and the long-term effects a case may have on your life.

Don't wait to fight for your future. Contact a dedicated domestic violence attorney in Mount Kisco at Riebling & Payton, PLLC for a free consultation. We offer flexible payment plans to help you in your time of need. Call us now at (914) 712-6878 or schedule a meeting online.

Understanding New York's Domestic Violence Laws

In New York, unlike some other states, there is no single criminal offense called "domestic violence." Instead, "domestic violence" is a legal designation applied to a range of underlying crimes—such as assault, harassment, menacing, or strangulation—when they are committed between "family or household members."

The designation of domestic violence applies to offenses committed between:

• Spouses or former spouses.
• Persons who have a child in common.
• Persons related by blood or marriage.
• Persons who are or were in an "intimate relationship," regardless of whether they have lived together.

The existence of this relationship triggers a different response from law enforcement and the court system. 

A charge can be based on a variety of underlying offenses, including:

• Assault: A conviction can range from a misdemeanor to a felony, depending on the severity of the alleged physical injury.
• Harassment or Aggravated Harassment: This involves a course of conduct that alarms or annoys a person and is typically a misdemeanor.
• Criminal Obstruction of Breathing or Blood Circulation / Strangulation: These are serious felony charges that do not require any physical injury to be proven.
• Stalking or Menacing: These charges involve a pattern of conduct that causes a person to fear for their safety.

A dedicated domestic violence attorney in Mount Kisco is essential to understanding how these classifications apply to your specific situation and what penalties you may be facing.

The Penalties and Collateral Consequences of a Domestic Violence Conviction in New York

A conviction for a domestic violence offense in New York carries severe penalties that can have a devastating impact on every aspect of your life. The specific penalties depend on the classification of the crime, but all convictions carry significant consequences.

• Jail or Prison Time: A misdemeanor conviction can result in up to a year in jail, while a felony can lead to a state prison sentence of several years.
• Mandatory Order of Protection: Upon a domestic violence arrest, a judge will almost always issue a temporary order of protection that restricts you from having any contact with the alleged victim and their children. A conviction can result in a permanent order of protection that lasts for years.
• Significant Fines and Restitution: You can be ordered to pay fines and be required to pay restitution to the victim for any damages or injuries.
• Loss of Gun Rights: A conviction for a misdemeanor domestic violence offense will result in the permanent loss of your right to own or possess a firearm under federal law.
• Permanent Criminal Record: A domestic violence conviction is a permanent mark on your record that is publicly accessible. This record will show up on background checks conducted by employers, landlords, and others.

Collateral Consequences:

• Child Custody and Family Court: The criminal case can have a direct impact on family court proceedings, including divorce and child custody cases. A conviction can be used as evidence against you.
• Employment and Professional Licensing: A conviction can make it nearly impossible to find a job or maintain a professional license in fields like healthcare, education, and finance.
• Immigration Issues: A conviction can have severe immigration consequences, including deportation.

We work relentlessly as your domestic violence attorney in Mount Kisco to help you avoid these severe consequences and to protect your future.

Your Process for Addressing Domestic Violence Charges in Mount Kisco

When charged with domestic violence in Mount Kisco, you need clarity and strong representation from your earliest interaction with police or the courts. Here’s what you can expect from the process:

• Arrest or arraignment: Police may make arrests based on probable cause, especially in cases involving allegations within a household or intimate relationship. You will typically be arraigned in the Mount Kisco Justice Court shortly afterward.
• Protective orders: Temporary or permanent orders of protection may be issued, often barring contact with the alleged victim and affecting residency or custody arrangements.
• Case review & defense planning: Our team reviews the evidence, consults with you to understand your circumstances, and crafts a defense that pursues the best available outcome—whether that means seeking dismissal, negotiating a resolution, or fighting the charges in court.
• Involvement of multiple agencies: Your situation may include interaction with the local police, District Attorney's Office, and, if children or custody are involved, the Westchester County Family Court.
• Potential penalties: Domestic violence convictions in New York may result in probation, jail time, mandatory counseling, and loss of certain rights. Early, strong defense representation is critical to minimizing these risks.

In Mount Kisco, mandatory arrest and prosecution standards often result in law enforcement proceeding with charges, regardless of the wishes of the alleged victim. Initial court dates are typically set quickly, and orders of protection can be imposed even before both parties are heard. 

As your domestic violence attorney, we guide you through each stage: explaining what to expect in Westchester County courts, preparing you thoroughly for court appearances, and advocating for practical resolutions that preserve your record and future.

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