Domestic Violence Lawyers in Westchester County

Former Prosecutors Preparing Your Domestic Violence Defense from Day One

An allegation of domestic violence can trigger fast-moving criminal proceedings in Westchester County. Police may investigate, make an arrest when statutory conditions are met, and bring the matter before a judge before the facts have been fully tested. Statements to police, release conditions, a criminal arraignment, and a temporary order of protection can all require prompt attention.

Portale Randazzo LLP provides criminal defense representation throughout Westchester County for people facing domestic violence and domestic abuse allegations. We bring over 150 years of combined legal and trial experience and a former-prosecutor perspective to the defense of these high-stakes cases.

Our domestic violence lawyers understand that these cases are rarely as simple as the police report suggests. In your first consultation, we review the allegations and explain the available legal options.

Building Your Defense Through Evidence and Trial Preparation

Domestic violence cases can involve conflicting accounts, emotional circumstances, physical evidence, and digital communications. We focus on the record that can be examined, challenged, and presented in court. Our work begins with a review of what the prosecution must prove and what evidence may support the defense.

We work with clients to gather supporting evidence and construct an effective defense strategy. The evidence we gather can include:

• Witness accounts
• Timelines
• Text messages
• Emails
• Social media records
• Photographs
• Medical records
• 911 recordings
• Police reports
• Body-camera footage

Constitutional Issues and Pretrial Preparation

Our domestic abuse lawyers in Westchester County analyze physical and recorded evidence, along with the circumstances of any police encounter or interrogation. If law enforcement violated your constitutional rights during its response or interrogation, we can assess whether a motion to suppress evidence is appropriate.

Pretrial preparation may include reviewing discovery, evaluating witness statements, considering motions, negotiating with prosecutors, and preparing for hearings or trial. We answer questions throughout the case so clients can make informed decisions about their legal situation.

Domestic Violence Defense Backed by Former Prosecutorial Experience

As domestic abuse lawyers, we examine how an investigation developed before the case reached court. Our attorneys and investigators bring experience from the Westchester County District Attorney’s Office and law enforcement to the review of police reports, witness statements, physical evidence, and digital records.

Richard Portale began his legal career in that office’s Narcotics and Gangs Bureaus. James Randazzo served as an Assistant District Attorney in Westchester County from 1989 through 1995 and tried more than 30 cases to verdict.

Michael Duffy served as Chief Investigator for the office, where he headed a squad of 38 investigators. His prior service also included work in the Patrol and Detective Divisions for the City of White Plains Police Department. This background informs our review of how an allegation was reported, investigated, documented, and presented to prosecutors.

New York Domestic Violence Charges and Orders of Protection

New York does not have a standalone offense under New York Penal Law called domestic violence. Instead, an alleged domestic incident may lead to charges under ordinary criminal statutes when the people involved have a family or household relationship or another qualifying relationship under New York law.

Common charges may include:

• Assault: Allegations of causing physical injury or serious physical injury to a family or household member.
• Criminal Mischief: Allegations involving damage to property, including an allegation that a phone was damaged during an argument.
• Harassment and Stalking: Allegations involving unwanted communication, threats, or conduct alleged to cause alarm.
• Kidnapping: Allegations involving the unlawful restraint, abduction, or detention of another person. These allegations may arise from claims that a person prevented a family or household member from leaving a residence, vehicle, or other location.
• Strangulation: An allegation that a person applied pressure to the throat or neck, or blocked the nose or mouth of another person, with intent to impede normal breathing or blood circulation.

Arrest Decisions in Domestic Incidents

New York law requires police to make an arrest in specified family-offense and order-of-protection circumstances when the statutory conditions are met. That rule does not mean every domestic disagreement results in an arrest. Whether an arrest occurs depends on the reported conduct, the available information, and the applicable legal standard.

Criminal Orders of Protection

A criminal court may issue an Order of Protection during a criminal case. Its terms can restrict contact, require a person to stay away from another person or residence, and address communication involving children or other family members. We review the order’s terms with clients and advocate regarding the criminal court issues presented by the case.

Trial-Ready Domestic Abuse Defense in Westchester County

Whatever the accusation, you retain constitutional rights throughout the investigation and prosecution. We explain the available legal options, address client concerns directly, and prepare for the possibility of courtroom litigation from the beginning of the case.

Our attorneys have earned professional recognition for their legal work. Richard Portale and Louis Fasulo have been selected to Super Lawyers, and Parker Bagley has been named a Super Lawyer for more than 10 consecutive years.

Speak with a Westchester County Domestic Violence Attorney

If you are facing a domestic violence accusation, arrest, order of protection, or related violent crime charge, seek individualized legal guidance before making decisions about statements, evidence, or contact with the other person involved. We can review the situation, explain the available criminal-defense options, and apply a former-prosecutor perspective to the evidence and proceedings ahead.

A domestic abuse attorney from our firm can review the allegations and explain the court process in an in-office or virtual case review. We are available 24/7 and provide Spanish-language communication.