Call us at:212-257-1236


Thoughts and ideas from Law offices of Gilbert C Parris

What EXACTLY Constitutes Domestic Abuse?

Covid shutdowns and their contributions to Domestic Abuse.

The Covid- 19 Pandemic has proven to be a season where the United States received a spike in crime.  According to The National Center for Biotechnology Information, after the stay-at-home order domestic abuse has increased by 10% in New York.  Unfortunately, when we compare this with a 22% increase in Portland, Oregon, and an 18% increase in San Antonio, Texas, we can agree that the latter is an alarming issue compounded by the Pandemic.

The stress of unemployment and uncertainty about the future can weigh on us all.  Consequently, for some, it can be too much to bear.  The inability to cope is when mistakes like assault and battery occur.  While it’s a horrible thought for loved ones to attack one another, the family must be prepared for the uphill battle if the police become involved.  An unfortunate by-product is also an increase in false accusations involving domestic violence as couples experience the strain of quarantine.

In the state of New York, even the initial victim can be charged along with the individual who started the physical dispute.  The latter means that if you are attacked and the alteration results in the death of the initial aggressor, the court will want to investigate if you defended yourself within reason.  This is important information to remember if you cannot separate from your abuser.

What you may not know…

The unfortunate reality is that 1 in 3 women and 1 in 4 men experience some level of domestic violence. According to the National Coalition Against Domestic Violence, twenty people per minute are abused by an intimate partner, .  With those stats in mind, some may ask, what exactly constitutes domestic violence?  Have I been a victim in the past and did not know?  Well, it is possible you may have experienced domestic abuse from an intimate relationship at some point in your life.   The reason you may not have known is that not all of us know the full scope of domestic violence.

Let’s discuss what constitutes intimate relationships outside of marriage.  Keep in mind that to be considered an intimate relationship, you don’t have to live with or be sexually involved with the other person.  It often depends on how long you’ve known that person and how often you interact.   Ultimately, that means that regular involvement between siblings, cousins, in-laws, and roommates can be considered intimate relationships.  Therefore, in today’s world, being domestically abusive can mean so many different things.  Contrary to popular belief, it’s not always physical. According to New York Courts, domestic abuse is an umbrella term for many different crimes such as:

  • Economic abuse
  • Threats of intimidation
  • Stalking
  • Identity Theft
  • Grand Larceny
  • Coercion

Solutions for domestic abuse

The penalty for these charges can range from probation to life in prison.  Even if you consider yourself acting in self-defense, you may be still be charged with a misdemeanor for intimidation or a felony for murder.  In either case, an experienced attorney can not only help to soften the penalty of your mistake but completely exonerate the accused depending on the accusations and “quality” or lack of evidence.  The Law Offices of Gilbert C. Parris has over 20 years of experience ensuring that our clients get a fair trial and if applicable, clear their names from scrutiny.

If you or anyone you know is currently seeking legal assistance for domestic abuse in the New York State, our office can assist with providing resources and proper guidance through the legal system.  Please contact us for a consultation using the contact form below or give us a call at 212-257-1235.

Article Reference: