Brooklyn Domestic Violence Lawyer

Domestic violence cases in Brooklyn move differently from any other criminal case. They are prosecuted in dedicated DV parts, they come with immediate orders of protection that can put you out of your own home, and the Kings County District Attorney pursues them even when the complainant wants the case dropped. Amel Spahija handled these cases as a prosecutor. He knows the internal policies that drive them and how to defend against them. If you are facing this charge in Brooklyn, call 646-453-4001 for a free, confidential consultation, available 24 hours a day.

Common Brooklyn Domestic Violence Charges

There is no single domestic violence statute in New York. DV is a designation applied to underlying charges between members of the same family or household:

PL §120.00, Assault 3rd: the most common DV charge, a Class A misdemeanor.
PL §120.14 and §120.15, Menacing: placing someone in fear of injury.
PL §215.50 and §215.51, Criminal Contempt: violating an order of protection. Contempt charges often become more serious than the original case.
PL §135.60, Coercion and PL §240.30, Aggravated Harassment: threats and repeated communications.
PL §121.11, Criminal Obstruction of Breathing: a Class A misdemeanor charged in many DV arrests.

What Is at Stake

Beyond jail exposure, a DV case brings an immediate order of protection that can bar you from your home and your children, firearm license consequences, immigration exposure, and family court fallout that outlasts the criminal case. Violating the order of protection, even by a text message the complainant invited, creates a new criminal contempt charge.

Defenses in Brooklyn DV Cases

False and motivated allegations. Custody disputes, breakups, and immigration incentives generate false complaints. We investigate the motive behind the allegation.
Self defense. Many DV arrests involve mutual physical contact where the actual aggressor called 911 first.
Inconsistent statements. We compare the 911 call, the domestic incident report, the medical records, and the grand jury testimony line by line.
Lack of injury evidence. Photographs and medical records often contradict the narrative.
Complainant recantation handled correctly. Recantations must be documented properly to matter. We know how the DA evaluates them because Amel did that evaluation as a prosecutor.

What Happens After the Arrest

Brooklyn DV cases are arraigned at 120 Schermerhorn Street with an order of protection issued at the first appearance. The Kings County DA has a no drop policy in most DV matters, meaning the case proceeds even if the complainant asks to withdraw it. That makes early defense work critical: getting the order of protection modified so you can go home, preserving texts and videos, and positioning the case for dismissal or a non criminal resolution.

Related Charges We Defend

Brooklyn cases rarely involve a single charge. Prosecutors stack counts, and this one often travels with orders of protection, assault charges and juvenile cases. When a case carries several counts, the defense has to answer all of them at once rather than one at a time. You can see every charge we defend in Brooklyn or read how felony and misdemeanor levels differ.

Why a Former Prosecutor Matters

As a former Assistant District Attorney in Brooklyn and Staten Island, Amel Spahija evaluated cases exactly like yours from the other side of the table. He knows how the DA's office weighs the evidence, when it reduces charges, and where its cases break. Read about the former prosecutor advantage, then see our recent Brooklyn case results.

Frequently Asked Questions

The complainant wants to drop the charges. Is the case over?

No. The Kings County DA prosecutes most DV cases regardless of the complainant's wishes. But a properly documented recantation and non cooperation still significantly affect how the case resolves.

Can I go home after a DV arrest?

Not if a full stay away order of protection was issued, even if it is your home. We move to modify the order to a limited order at the earliest opportunity.

What happens if I violate the order of protection?

A new criminal contempt charge under PL 215.50 or 215.51, which can be a felony. This applies even if the complainant contacted you first and invited the communication.

Will a DV case affect my immigration status?

It can. Certain DV convictions are deportable offenses. Every plea in a DV case needs immigration review before it is entered.

Free Consultation

The earlier we get involved, the more options exist. Call 646-453-4001 for a free consultation with a a Brooklyn criminal defense attorney, or book 30 minutes with Amel directly.