Blog / Family Offenses - Domestic Violence

What actions are considered to be stalking?

Stalking in New York and across the nation can be a dangerous behavior that is not limited to ex-spouses or former boyfriends and girlfriends. However, the behavior does not always seem dangerous. You may intend to be sweet or romantic by continuing to send gifts or letters to an ex-partner; however, these actions can get you into trouble. New York’s Office for the Prevention of Domestic Violence explains that stalking includes unwelcome interest from someone. The saving grace may be that you do not intend to threaten or harass your ex, which must be part of the formula in determining whether your actions fall under the heading of stalking. You should realize, however, that your ex may find your continued interest creepy, to say the least. The state’s stalking law, enacted in 1999, considers the victim’s state of mind, not the pursuer’s intentions, and whether the behavior can cause a “reasonable fear” in the victim. Whether or not you intended to scare or harass your ex, and whether or not he/she is actually afraid, if your actions are enough to cause fear, then you may be committing a crime under the stalking law. Stalkers are typically males who target female victims, and a prior relationship is not a prerequisite for one’s behavior to qualify as stalking. If you are trying to get the attention of a new colleague and go overboard by repeatedly calling, emailing and otherwise pursing this colleague, your behavior may fall under the definition of stalking. Victims may experience any number of symptoms in reaction to being stalked, including extreme fear, rage, depression and post-traumatic stress disorder. These feelings may cause them to withdraw from others, move, change jobs and keep them on edge throughout the day and night. Because of the ongoing stalking, victims may also begin to mistrust police and the court system. Because stalking can be a terrifying experience for victims, the stalker law covers a broad range of behaviors, from repeated phone calls and unwelcome advances to following, kidnapping, assault and homicide/suicide. Stalking does not have to be a physical action, however. Cyberstalking is also possible, meaning that emails and other tech mediums, such as Pinterest or Instagram, can be used to harass and intimidate victims. While you may think you are showing interest in someone new or want to rekindle a prior romance, remember that your actions may not be interpreted in the way you expect. The easiest way to gauge whether another person welcomes the attention is to just ask them. Then, respect their answer. This general information is provided for your education, and should not be taken as legal advice.
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College basketball coach facing domestic violence charges

Those facing charges of domestic violence in Mineola could find themselves having to deal with some very serious consequences (independent of the criminal penalties they may be facing). The mere idea that they are even associated with such an incident could put a permanent stain on their reputations. If one happens to work in a public position (or one that requires public trust), then the damage done to their reputation could reasonable jeopardize their careers. It is for this reason that a rush to judgment should be avoided at all costs when such allegations are being investigated. A man in a very high-prolife position is currently facing such allegations. He is the head coach of the men’s basketball team for a college in California, and he was recently returning from a victory over a conference opponent when he was arrested by police. According to reports, the investigation into his conduct began when authorities responded to a call from a local hotel. The woman found at the scene had suffered non-life-threatening injuries that she claimed were inflicted by the coach. While the coach is married, it was not reported whether the woman involved was his wife. The university reported that it is conducting its own investigation into the matter. The hope is that even with charges pending against them, defendants in domestic violence cases will be afforded the benefit of the doubt while their cases play out. Yet as employers and organizations may not necessarily be legally bound to wait out criminal investigations before taking their own disciplinary action. Thus, defendants in such cases are likely motivated to have them resolved quickly (and fairly). Those hoping for such a resolution may be wise to secure the services of an experienced criminal defense attorney. Source: New York Post “Cops arrest college hoops coach for domestic violence after game” Feb. 26, 2018

What should you do if you are put under a protective order?

You may consider your relationship with your spouse or partner to be like any other in Mineola, experiencing the customary ups and downs that all romantic partnerships do. That may be the reason why the news of your being served with a protective order comes as such a shock. Your initial reaction may be to reach to your significant other to try and work things out. However, doing so could qualify as contempt of court, which, if you are found guilty of, could leave you facing criminal penalties. So what should you do in such a situation? First off, it is imperative that you understand the nature of the order. According to New York’s Consolidated Laws, criminal courts are empowered to issue temporary protective orders in cases where your spouse or partner is unable to promptly initiate a petition in family court. Such orders last for four days, during which time you are forbidden from contacting or approaching him or her at any of the following locations: At home At school At work A temporary order may also limit you to only having supervised visitation time with your kids. Again, these restrictions are only in place for four days with a temporary order, but may be extended at the courts discretion. As you prepare for the hearing that will determine whether the protective order against you will be extended, you should carefully review your recent interactions with your significant other to better understand what may have prompted him or her to seek this action. If you already have an idea of what it might be, consider talking to any outside parties that may have observed the action(s) in question in order to offer up the opinion of an impartial observer to your allegedly abusive conduct.

Cyberstalking in new york

Domestic violence is no light matter, regardless of where the abuse takes place. A new type of this behavior has become prominent in recent years, and involves online methods of stalking individuals in a domestic setting. Cyberstalking can open the door for a multitude of issues, especially given the wide range of social media platforms offered today. There may be many grey areas when it comes to this type of violence, but New York makes clear that the consequences can be both severe and lasting for all of those involved. An incident that surfaced in recent news exposed a complex domestic situation between a police officer and his ex-girlfriend. WHEC News elaborates on the ex-girlfriend’s accusations of cyberstalking toward the officer, wherein she claimed that the officer, William Rosica, terrorized her through a series of online messages. Rosica allegedly used his keen police training in a negative way in attempts to dominate the woman, in what WHEC notes was part of a year-long scheme to inflict emotional damage. According to the report, the abuse began shortly after Rosica’s ex-girlfriend end their relationship. In addition to the emotional distress Rosica caused, reports show he also followed his ex-girlfriend only to send emails and texts to her detailing her own actions. Many experts in organizations geared to prevent domestic violence fear that cases such as Rosica’s could lead to furthered violence. When it comes to the state of New York, the Office for the Prevention of Domestic Violence outlines stalking and cyberstalking, noting that cyberstalkers need not be in close physical proximity to carry out abuse. Furthermore, cyberstalkers commonly invite other online users to join in stalking a particular individual. The OPDV also acknowledges that those in domestic situations have easier access to a victim’s personal information, such as bank accounts and confidential files–making the situation all the more serious.