Available 24/7
Free Consultation
Blog
How Long Do Most Domestic Violence Cases Last in NY? Get the Facts
If you ever find yourself being charged with domestic violence, the resulting legal trouble can cause severe, possibly permanent damage to your reputation and social standing. The accusation alone can often be enough to completely change the way you are publicly perceived among your friends, coworkers, and even your family.
You should consider hiring a New York domestic violence attorney. You may wonder: How long do most domestic violence cases last in NY?
If you decide to move forward with your case without any sort of legal help, it is highly likely you will lose. The last thing you want is to go up against a seasoned, experienced prosecutor who may be trying to ensure you face the maximum sentence possible for your alleged crimes.
You will want someone who is fully familiar with domestic violence laws and domestic violence cases, as well as someone who understands how high the stakes are for you in your case.
Why Hire a Domestic Violence Lawyer?
There are many important reasons why you should hire a domestic violence lawyer. Having the right person in your corner can be the difference between exoneration and conviction, especially in cases that are as emotionally charged as domestic violence.
Michael Vitaliano and his legal team know what you need to build a strong defense. Michael Vitaliano is a former prosecutor turned criminal defense lawyer who knows how both sides operate. He can help your case.
According to statistical data collected by the New York State Office for the Prevention of Domestic Violence, a five-year period of data collection between 2018 and 2022 saw over 600 domestic violence-related homicides reported throughout New York State. Over 300 of these homicides were perpetrated by the victim’s intimate partner. Statistics like these are why the state takes domestic violence charges so seriously. You will want a significant defense strategy.
As you deal with the emotional and mental fallout of domestic violence charges, it’s understandable to feel like you need help. Never be afraid of asking for help when it comes to your own mental health.
You may want to consider reaching out to a local mental health support group, such as NYC 988 or Anxiety Insight and Management Group. Having people around who have been through similar trauma can be beneficial to your own healing journey.
How Long Do Most Domestic Violence Cases Last in New York?
Unfortunately, there is no easy way to answer that. Every domestic violence case is unique, with its own set of contributing factors that influence every aspect of the case. These factors include the complexity of your case, the evidence against you, and even your own defense lawyer’s education, experience, and resources. Misdemeanor cases tend to take significantly less time to finalize than felony cases, but there are no guarantees.
Essentially, every domestic violence case takes as long as it needs to take to finalize. The process begins with the arrest, at which point you must exercise your constitutional rights to avoid being taken advantage of by the police. From there, you will enter a plea of guilty or not guilty during your arraignment.
In some cases, there will be a preliminary hearing to determine if there is enough evidence against you to pursue a trial. If you do not accept a plea deal, the case will proceed to trial.
A trial can greatly increase your case’s timeline. Even if the alleged victim decides to recant their statement, the prosecutor may still decide to move forward with the case, but that can add more time to your case. You also have to consider the judge’s availability.
FAQs
How Long Does Domestic Violence Stay on Your Record in New York?
In New York, domestic violence convictions will stay on your record indefinitely. There is no automatic expiration date for those charges. Regardless of whether or not the charges were dropped, dismissed, or resulted in a conviction, the arrest will stay on your criminal record. You may be able to pursue an expungement of the conviction or a sealing of the record, but that only applies to certain situations.
How Often Do Domestic Violence Cases Get Dismissed?
Domestic violence cases are dismissed quite frequently for many different reasons. One of the more common reasons is the victim’s failure to cooperate with the investigation or the prosecution. They may refuse to testify, recant their statement, or just refuse to cooperate out of fear.
Additionally, the prosecution may have significantly less evidence against you than you expected and may be counting on you to accept a plea deal. A lack of evidence may dismiss your case.
Can a Domestic Violence Case Be Dropped if the Victim Doesn’t Show?
No, a domestic violence case cannot be dropped simply because the victim doesn’t show up in court. While a victim’s refusal to fully cooperate can cause damage to the prosecution’s case against you, it doesn’t automatically lead to a dismissal. The prosecution can still choose to move forward with the case if they feel the evidence against you is strong enough for a conviction. If the victim’s testimony is crucial, the court may subpoena them.
Do I Need to Hire a Domestic Violence Lawyer?
Technically, you are not legally required to hire a domestic violence defense lawyer for your case. However, it is highly recommended that you do so anyway. Having the right lawyer by your side can change the entire trajectory of your case and result in a favorable outcome for you. If you choose to move forward without legal help, it’s possible the prosecution will win the case. You may want to consider doing whatever you can to beat this.
Contact a Lawyer Today
There is no way to definitively tell how long your domestic violence case is going to take. Regardless, you should hire an experienced criminal defense lawyer to help you build as strong a defense as you can. Without a strong defense, you may not stand much of a chance.
At The Vitaliano Law Firm, we know what you need. Contact us to speak to a member of our team about your case.
Testimonials
About us
An accomplished legal advocate, Michael E. Vitaliano is the founder and principal of The Vitaliano Law Firm, based in New York City. Mr. Vitaliano is a leading criminal defense lawyer and experienced advocate in handling all criminal matters in state and federal court.
Copyright © 2025 The Vitaliano Law Firm. All rights reserved.
Site Map | Privacy Policy | Digital Marketing By 