A domestic violence charge can feel like it threatens everything at once, including your relationship with your children. If you were arrested in the Bronx, you may already worry that you will lose custody or be cut off from your kids. A charge is not a conviction, and the outcome is not decided yet. Still, an arrest alone can affect proceedings in Bronx County Family Court, even before your criminal case is resolved.
Bronx domestic violence attorney David Mejia Colgan, Esq. has more than 30 years of experience in criminal law. As a former Bronx County prosecutor who worked in the domestic violence bureau, he understands how domestic violence cases are built and how to challenge them.
This guide explains how domestic violence charges affect custody in New York, what an order of protection means for visitation, how false allegations are handled, and how a strong criminal defense protects parental rights. Call David Mejia Colgan, Esq. today at (718) 484-8820 to discuss your case.
The best lawyer in New York City, personally highly recommended and I would hire him again if necessary. He dissolved my attempted murder case and reduced it to public…
Domestic violence in New York is not one standalone crime. The key statutes include Domestic Relations Law § 240 for custody, Family Court Act § 812 and Criminal Procedure Law § 530.11 for family-offense proceedings and covered relationships, and Social Services Law § 459-a for the services-related definition of a domestic violence victim.
The law reaches far beyond married couples. Under Criminal Procedure Law § 530.11, “members of the same family or household” in criminal family offense matters include:
New York law also extends protection in some family-offense matters to people related by blood or marriage to someone in an intimate relationship with the accused.
This broad definition means many co-parents in the Bronx fall under the domestic violence laws even if they were never married and never shared a home. The definition is intentionally wide, and an experienced attorney can help you understand exactly how it applies to your situation.
A wide range of offenses can be treated as domestic violence or family offense matters when they occur between covered parties. These include assault, harassment, aggravated harassment, stalking, menacing, criminal mischief, reckless endangerment, strangulation, criminal obstruction of breathing, and coercion. Physical injury is not always required. An alleged threat or pattern of harassment can support a charge.
Key Takeaway: New York’s domestic violence laws cover a wide range of offenses and relationships. Depending on the facts, a single alleged incident between co-parents, even without physical injury, can trigger criminal charges and affect custody.
The broad scope of New York’s domestic violence laws means that many disputes between co-parents can have consequences beyond the criminal case. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your case and how a strong defense strategy can help protect your future and your relationship with your children.
I reside in Florida however my son needed a criminal attorney in New York. A family attorney researched and recommended David for the job. I was skeptical at first but…
Elite Representation, Personal Attention, Proven Results
Work Directly With David Colgan: 24/7, Start to Finish
Under New York Domestic Relations Law § 240, when domestic violence is alleged in a sworn pleading and proven by a preponderance of the evidence, the court must consider the effect of that domestic violence on the child’s best interests.
Yes. If a custody, visitation, or family-offense proceeding is before Family Court, the court can issue temporary custody, visitation, or protection orders while a related criminal case is still open. A judge in the Bronx Family Court can issue a temporary custody or visitation order long before a criminal verdict. Many parents assume nothing happens until they are convicted, but that is not how the family court system works.
New York uses the “best interests of the child” standard to decide custody. The court asks what arrangement serves the child, not which parent has the stronger right. Domestic violence is one of the specific factors a judge must weigh, along with each parent’s stability, the child’s relationship with each parent, and each parent’s ability to provide care.
Key Takeaway: Under New York Domestic Relations Law § 240, a judge must consider the effect of proven domestic violence on the child’s best interests when deciding custody or visitation. A criminal case does not have to be finished before the Family Court addresses temporary custody or visitation issues.
If you are facing domestic violence charges in the Bronx, the steps you take while your case is pending can have a significant impact on future custody and visitation decisions. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your case and learn how an experienced defense attorney can help protect your parental rights.
I am immensely grateful for David who is the go-to-guy for my entire family! His unwavering dedication, legal prowess, and genuine compassion have not only…
A court decides custody by examining the specific facts of the alleged violence and how it relates to the child. The judge does not automatically take away custody or visitation after an accusation. Instead, the court reviews evidence and hears from each side, including from an Attorney for the Child (AFC), the lawyer appointed to represent the child’s interests.
Family Court can review many forms of admissible evidence when domestic violence is alleged, including:
The strength and credibility of this evidence often decide the outcome, and weak or inconsistent allegations can be challenged.
Yes. Courts do not automatically bar an accused parent from their child. Depending on the facts, a judge may order supervised visitation, set conditions such as completing a program, or grant continued contact.
Key Takeaway: Bronx Family Court judges weigh the nature, severity, and recency of alleged violence, any order of protection, and the child’s relationship with each parent before making a custody decision.
Custody decisions often depend on the strength and credibility of the evidence before the court, not simply the existence of an accusation. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and develop a strategy for protecting your rights as a parent.
An order of protection is a court order that limits or prohibits contact with a protected person. In a domestic violence case, it can directly affect whether you see your children. A “full stay away” order can functionally eliminate visitation, even if no custody decision has been made yet.
There are two main sources of these orders, and understanding the difference is critical to protecting your custody rights.
| Feature | Criminal Court Order | Family Court Order |
|---|---|---|
| Where issued | Bronx Criminal Court | Bronx Family Court |
| Tied to | A pending criminal case | A family offense petition |
| Common purpose | Protect a complaining witness | Protect a family member |
| Effect on children | Can include children in the household | Can set or limit contact |
| Override risk | Can restrict contact even when a Family Court visitation order exists | May be modified only by the issuing court |
A criminal order of protection issued in Bronx Criminal Court can restrict contact even when a Family Court visitation schedule exists, unless the order allows parenting contact or the court modifies it. That means you could have a custody order on paper that you cannot legally use because a separate criminal order forbids contact.
Yes, but only through the court. Your attorney can request a modification, such as changing a “full stay away” order to a limited order that permits contact about the children. You cannot decide on your own that the order does not apply. Contacting a protected person, or a child covered by the order, even with good intentions, can lead to new criminal charges.
Key Takeaway: An order of protection issued in Bronx Criminal Court can immediately restrict or eliminate contact with your child. Violating it, even to see your kids, creates new criminal exposure and will damage your custody case.
An order of protection can have an immediate impact on your ability to communicate with your child or exercise visitation rights. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and determine whether legal options may be available to protect your rights while complying with the court’s orders.
I reside in Florida however my son needed a criminal attorney in New York. A family attorney researched and recommended David for the job. I was skeptical at first but…
Elite Representation, Personal Attention, Proven Results
Work Directly With a Criminal Defense Lawyer
A defense attorney protects your parental rights by building a defense to the criminal charge that may affect the custody case. Because the court must consider proven domestic violence, weakening or defeating the criminal charge may improve your position in a related custody or visitation dispute.
The result of your criminal case changes the evidence available in Family Court. A dismissal or acquittal prevents a criminal conviction from being used against you, but Family Court may still consider admissible evidence about the underlying allegations under its own standards. A conviction can become powerful evidence in Family Court, although the judge must still evaluate custody and visitation under the child’s best interests.
Defense strategies depend on the facts. Common approaches in Bronx domestic violence cases include:
Depending on the facts, these strategies can create reasonable doubt in the criminal case and may also weaken the allegations being raised in the Family Court. A strong defense strategy in the criminal case is often the most effective way to protect your standing as a parent.
Key Takeaway: The result of your criminal case can directly influence what happens in Family Court. A dismissal or favorable resolution can improve your position in any related Family Court proceeding.
A strong defense begins with understanding the allegations, identifying weaknesses in the evidence, and taking steps to protect your future as a parent. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your options and how an experienced Bronx defense attorney can help.
David Mejia Colgan, Esq. is a Bronx domestic violence defense attorney with more than 30 years of experience in criminal law. A graduate of New York University School of Law, he began his career as an Assistant District Attorney in the Bronx County District Attorney’s Office, where he worked in the domestic violence and sex crimes bureaus and prosecuted serious felony cases.
Since entering private practice in 2005, David has represented clients in state and federal courts throughout New York. He is admitted to practice in all four U.S. District Courts in New York and has extensive experience handling criminal defense, family law, custody, visitation, and family offense matters. Fluent in Spanish and known for his hands-on approach, David works closely with clients to protect their rights, challenge the evidence against them, and help them navigate the legal process with confidence.
First I have to say David is god sent and very professional. I was in an impossible seat to face up to 5 years in prison I hired David to make that less and he did what nobody…
Learn More
The period right after a domestic violence arrest in the Bronx can have a significant impact on your custody case. The choices you make in the first hours and days can follow you into both Criminal Court and Family Court.
Anything you say after an arrest can be used against you in both proceedings. Even a statement meant to explain or apologize can be treated as an admission. Calling or texting the complaining witness can also violate an order of protection and create a new charge.
Trying to see your children in violation of an order can create two problems: new criminal exposure and serious harm to your custody case. A judge who sees that you ignored a court order may question your judgment regarding the children.
Social media posts can be introduced as evidence in Family Court. Angry messages about the other parent, photos, or comments about the case can be captured in screenshots and used against you.
Key Takeaway: The time right after a domestic violence arrest is one of the most important periods for your custody case. What you say, post, or do before speaking with an attorney can follow you into Family Court.
Many custody-related problems arise from mistakes made in the days following an arrest, often before a parent understands the legal consequences. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and learn how to protect yourself from avoidable setbacks.
Yes. Allegations that are later shown to be false or unsupported can affect a custody dispute, especially when credibility and the child’s best interests are at issue.
False or exaggerated allegations often appear when custody is already in conflict. A claim filed shortly after a custody petition, or one that suddenly escalates an old disagreement, can raise questions about timing and motive.
Domestic Relations Law § 240 protects a parent who makes a good-faith, fact-supported allegation that a child is affected by abuse, neglect, or domestic violence. If evidence shows a parent knowingly made false allegations, the court may consider that conduct when evaluating credibility and the child’s best interests.
Key Takeaway: New York courts recognize that domestic violence allegations can arise during custody disputes. A thorough defense that exposes inconsistencies can protect both your criminal record and your parental rights.
Not every allegation is supported by reliable evidence, and courts must evaluate the credibility of the claims before them. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and explore the legal options available to defend your reputation and your relationship with your children.
Supervised visitation lets a parent see their child in a controlled setting when a court has safety concerns. It is often a temporary step, not a permanent loss of your relationship with your child.
A Bronx court may order supervised visitation when there are open safety questions but no reason to cut off contact entirely. Visits may take place at a supervised visitation center or with an approved adult present. The court sets the conditions and can revisit them as the case develops.
Courts may order, and later consider, completion of an intervention, counseling, or parenting program. Completing a program does not automatically restore custody or visitation, but it can help show compliance with court-ordered conditions and may support a later request to modify restrictions.
Key Takeaway: A restriction on visitation is not always permanent. Bronx courts can modify custody and visitation as circumstances change, including when a parent completes required programming or complies with conditions.
Supervised visitation and court-ordered programs do not necessarily mean a permanent loss of parenting time. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and learn what steps may help you seek greater contact with your child while complying with court requirements.
A domestic violence conviction in New York carries consequences that reach far beyond the criminal sentence. It creates a criminal record that family courts may consider in future custody or visitation disputes, even though some New York convictions may later become eligible for sealing for certain civil background-check purposes.
A conviction becomes part of the record used in any future custody modification. If you or the other parent later asks a court to change custody, that conviction can be raised again.
A domestic violence record may carry immigration consequences for non-citizen parents, trigger firearms restrictions under state and federal law, and appear on background checks that affect housing and employment. Each of these can indirectly affect your ability to provide for your child.
Key Takeaway: A domestic violence conviction in the Bronx does not just carry criminal penalties. It can create a criminal record that may be raised in future custody or visitation disputes and may have consequences for employment, housing, immigration, and firearms rights.
The impact of a domestic violence conviction can extend well beyond the resolution of your criminal case and affect important aspects of your future. Call David Mejia Colgan, Esq. at (718) 484-8820 to discuss your situation and explore defense strategies aimed at protecting your rights, your record, and your role as a parent.
David Mejia Colgan, Esq. represents clients charged with domestic violence offenses throughout the Bronx and across New York City. From his office at 910 Grand Concourse, Suite 1F, Bronx, NY 10451, he appears in Bronx Criminal Court and Bronx Family Court, and he serves parents in surrounding neighborhoods who are facing both criminal and custody proceedings. He also represents clients in domestic violence and related criminal matters throughout New York City and surrounding areas.
24/7 Access, Flat Fees, Bilingual Service – David Handles Everything Personally
A domestic violence charge can affect both your criminal case and your relationship with your children. The sooner you understand your legal options, the better positioned you may be to protect your rights, your future, and your role as a parent.
David Mejia Colgan, Esq. defends Bronx residents charged with domestic violence and understands how the criminal case and the custody case connect. He works to protect your rights in Bronx Criminal Court while keeping the Family Court picture in clear view. As a former Bronx prosecutor, he knows how these cases are assembled and where they can be challenged.
David Mejia Colgan, Esq. represents clients facing domestic violence charges from his office at 910 Grand Concourse, Suite 1F, Bronx, NY 10451. Call (718) 484-8820 to discuss your situation and explore defense strategies aimed at protecting your rights, your record, and your role as a parent.
An arrest alone does not automatically end your custody, but the Bronx Family Court can issue temporary orders while the case is pending. The final decision depends on the evidence, the criminal outcome, and other factors based on the child’s best interests.
Not necessarily. Criminal charges are heard in the Bronx Criminal Court, while custody is handled in the Bronx Family Court. Both can occur at the same time, and the outcome of one can affect the other.
An order of protection can prohibit contact with the protected person and may also include children as protected parties or limit child-related contact. Violating it can lead to new criminal charges and serious damage to your custody case.
Yes. Charges may be dismissed because of insufficient evidence, credibility problems, a valid defense such as self-defense, or procedural violations. However, lack of physical injury alone does not always require dismissal because some domestic violence charges can involve threats, harassment, or other non-injury allegations.
New York courts know that allegations can surface during custody disputes. Your attorney can challenge the credibility and timing of the claims, and courts can weigh bad-faith accusations when deciding custody.
Yes. Under New York Family Court Act § 262, indigent individuals have the right to court-appointed counsel. This legal right applies to both Article 8 family offense proceedings and custody or visitation disputes where a parent faces a substantial infringement of their parental rights. If you qualify financially, the court must assign an attorney to represent you.
Timelines vary based on the charge, evidence, court schedule, plea negotiations, motion practice, and whether the case goes to trial. Some cases resolve quickly, while others take much longer. Acting quickly with a defense attorney helps protect your options.
