Domestic Violence charges in Nassau County

One of the most common and dangerous misconceptions we encounter at Hochhauser Criminal and DWI Defense is the belief that domestic violence charges will simply disappear if the alleged victim—a spouse, partner, or family member—decides they don’t want to proceed. A client will often call us and say, “My wife wants to drop the charges, so I should be all set, right?”

The answer to that question in Nassau County is a firm and resounding no.

If you have been arrested for a domestic violence offense on Long Island, it is critical to understand this one fact: your spouse or partner does not have the power to “drop the charges.” Once the police are called and an arrest is made, the case is no longer in their hands.

The People of the State of New York vs. You

When a domestic violence incident occurs in New York, the legal case that follows is not Your Spouse vs. You. It is The People of the State of New York vs. You. The Nassau County District Attorney’s Office takes over the prosecution, and they make the decisions, not the person who made the initial complaint (who is referred to as the complaining witness).

Why is this the policy? The state has a strong interest in preventing domestic violence and protecting individuals who may be in dangerous situations. Prosecutors are often concerned that a request to drop charges is being made under duress, emotional pressure, or fear of retaliation from the accused. Therefore, they have established special bureaus and protocols to pursue these cases, even without the cooperation of the complaining witness.

How Can the Case Continue if the Victim Won’t Testify?

The Nassau County District Attorney’s domestic violence prosecutors are skilled at building cases that do not rely solely on the victim’s testimony in court. They can, and often will, move forward using other forms of evidence, such as:

• The 911 Call: The recording of the initial, frantic call for help can be powerful evidence of the victim’s state of mind at the time of the incident.
• Police Body Camera Footage: Modern policing means most interactions are recorded. Video from the scene showing injuries, property damage, or emotional distress is compelling evidence.
• Admissions by the Accused: Any statements you made to the police upon their arrival (e.g., “I know I shouldn’t have pushed her”) can be used against you.
• Photos of Injuries: Police will photograph any bruises, scratches, or other visible injuries.
• Medical Records: If the victim sought medical treatment, those records can be subpoenaed to show the extent of the injuries.
• Testimony from Other Witnesses: Police officers, neighbors, or even children who saw or heard the incident can be called to testify.

The Immediate Consequences: Orders of Protection

Almost immediately following a domestic violence arrest in Nassau County, the court will issue an Order of Protection (also known as a restraining order). Even if your partner tells the judge they do not want an order, the judge will likely issue one on behalf of the state.

This order can force you out of your own home and prohibit you from having any contact with your partner and even your children. Violating an Order of Protection, even by simply sending a text message saying “I’m sorry,” is a separate and serious crime called Criminal Contempt, which can be charged as a misdemeanor or even a felony.

How an Experienced Nassau County Defense Attorney Can Help

Hearing that the state can proceed against you even when your partner wants to help can feel hopeless, but it is not. An experienced criminal defense attorney who specializes in domestic violence cases is your most critical asset.

At Hochhauser Criminal and DWI Defense, we understand the complexities of these emotional and sensitive cases. As a former Nassau County prosecutor, Richard Hochhauser knows the strategies the DA’s office uses. We can help by:

• Thoroughly investigating the allegations and challenging the evidence presented by the prosecution.
• Communicating with the District Attorney to present your side of the story and any evidence that weakens their case.
• Representing you in court regarding the crucial Order of Protection, arguing for the least restrictive version possible.
• Guiding you through the process, ensuring you do not inadvertently violate the restraining order.
• Negotiating for a reduction or dismissal of the charges, potentially through anger management or other programs.

If you’ve been arrested for a domestic dispute in Nassau County, do not make the mistake of assuming the charges will be dropped. You need to act immediately to protect your rights, your reputation, and your future.

Contact us at Hochhauser Criminal and DWI Defense for a free, confidential consultation. Our office in Hempstead is ready to help. Call us 24/7 at (516) 939-1529 to get the experienced legal representation you need.