Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Domestic Violence Lawyer (PL 120.00, 215.50, 240.26)
A domestic violence arrest on Long Island moves fast. You can be arraigned the next day, and the judge will often issue an order of protection that keeps you out of your own home, even before anyone has proven anything. Nassau County cases start at the First District Court, 99 Main Street in Hempstead. Suffolk cases start at the First District Court in Central Islip. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who now defends people accused of domestic violence in both counties.
Free Consultation
In person, by video call or phone call
On over 230 reviews
Former Prosecutor
Brings years of experience from both sides to every case.
Arrested after a domestic incident?
Call before your arraignment or your next court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Domestic violence charges in New York
“Domestic violence” isn’t one charge. It’s any offense between family or household members, including spouses, partners, exes, siblings, parents and children. These are the most common charges:
| Charge | Level |
|---|---|
| Harassment, 2nd degree | Violation (not a crime) |
| Aggravated harassment, 2nd degree | Class A misdemeanor |
| Menacing, 2nd degree | Class A misdemeanor |
| Assault, 3rd degree | Class A misdemeanor |
| Criminal obstruction of breathing | Class A misdemeanor |
| Criminal mischief | Misdemeanor or felony, depending on the damage |
| Criminal contempt (violating an order of protection) | Class A misdemeanor, or class E felony |
| Endangering the welfare of a child | Class A misdemeanor |
| Strangulation, 2nd degree | Class D felony |
| Assault, 2nd degree | Class D felony |
Orders of protection
In most domestic cases, the judge issues a temporary order of protection at arraignment. It can last for the whole case, and violating it is a new crime.
Most restrictive
Full (stay-away) order
You must stay away from the person, their home, work and school, and have no contact at all, including texts and calls through friends. If you live together, you have to leave.
Less restrictive
Limited (refrain-from) order
You can live together and have contact, but you can’t harass, threaten or harm the person. We can ask the court to change a full order to a limited one.
Criminal contempt
Violating an order
Even friendly contact that the other person starts can be charged as criminal contempt. Follow the order exactly until a judge changes it.
Two courts
Family Court orders
A separate order can also come from Family Court. The two cases run independently, and what you say in one can be used in the other.
Other consequences to know about. An order of protection can require you to surrender your firearms and suspend a pistol license. A domestic violence conviction can also affect custody, some jobs and professional licenses, and, if you’re not a U.S. citizen, your immigration status. Tell us about all of these at the first consultation.
What happens after a domestic violence arrest
- Arrest. New York law requires police to make an arrest in many domestic incidents, even when the other person doesn’t want to press charges.
- Arraignment and order of protection. The judge sets release conditions and usually issues a temporary order of protection. This is the moment to argue for a limited order.
- Discovery. We get the 911 call, body-camera video, photos, medical records and statements. They often tell a different story than the police report.
- The complaining witness. The prosecutor, not the other person, decides whether the case goes forward. But what that person wants, and what they say, matters.
- Resolution. Many domestic cases end in a dismissal, an ACD or a reduction to a violation, often with a class and a final order of protection.
Outcomes that protect your record
Dismissal
The charges are thrown out and the case is sealed.
ACD
An Adjournment in Contemplation of Dismissal. In domestic cases it can last up to a year and usually comes with an order of protection. If you comply, the case is dismissed and sealed.
Reduced to a violation
Harassment or disorderly conduct is a violation, not a crime. A conviction for a violation doesn’t give you a criminal record, and the file is sealed.
Conditional discharge
A plea with no jail or probation, as long as you meet the conditions, such as completing a class.
Recent domestic violence results
Felony dismissed & sealed
Felony assault, domestic incident
Nassau County, 2026. A felony assault charge after an argument at home ended in an ACD, with the case dismissed and sealed after the adjournment period.
Dismissed & sealed
Criminal obstruction of breathing
Nassau County District Court, January 5, 2026. A strangulation-type charge in a domestic case resolved with an ACD and an order of protection: dismissed and sealed.
Dismissed & sealed
Violating an order of protection during a divorce
Nassau County District Court, September 22, 2026. A criminal contempt charge ended in an ACD, with the order adjusted so the client could keep working.
Dismissed & sealed
Assault charge after a fight with a sibling
Nassau County District Court, February 19, 2026. After a family argument led to an arrest, the case ended in an ACD: dismissed and sealed.
Charge dismissed · Reduced to disorderly conduct
Choke-hold allegation, family fight
Nassau County District Court, August 15, 2025. A case involving an alleged choke hold was resolved with a sealed plea to disorderly conduct, a violation.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Where your case will be heard
Hempstead
Nassau County
Arraignments and misdemeanor domestic cases at the First District Court, 99 Main Street, Hempstead. Our office is across the street.
Central Islip & East End
Suffolk County
Western Suffolk cases at the First District Court in Central Islip, East End cases in town and village courts.
Domestic violence: frequently asked questions
Can my spouse or partner drop the charges?
Not on their own. In New York, the prosecutor decides whether a domestic case goes forward, not the person who called the police. But their wishes and cooperation matter a great deal, and many cases are resolved once that’s clear. Read more about whether domestic violence charges can be dropped.
Can I go back home after a domestic violence arrest?
Only if the order of protection allows it. A full stay-away order means you can’t return home, even to get your things, without arranging it through the police or the court. We can ask the judge to change it to a limited order that lets you go home.
What if the accusation is false?
False and exaggerated accusations happen, especially during breakups, divorces and custody fights. The 911 call, texts, video and medical records often show what really happened. Don’t contact the other person to sort it out, because that can lead to a new charge.
Will I lose my guns?
Possibly. An order of protection can require you to surrender your firearms and can suspend a pistol license while the case is pending. A conviction can have longer-lasting effects.
Can a domestic violence charge affect my immigration status?
Yes. Certain domestic violence convictions carry serious immigration consequences for people who aren’t U.S. citizens. Tell us your status at the first consultation so the outcome we work toward protects it.
How much does a domestic violence lawyer cost on Long Island?
It depends on the charge and how far the case goes. Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
Free consultation in person, by video call or by phone call. We answer 24/7. The earlier we start, the more options you have.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
Appointments Only
See What Our Clients Are Saying
During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
Call Now to schedule a Free Consultation with Richard Hochhauser
Call or text anytime.