A domestic violence accusation in the Bronx can change your life overnight. Before you even set foot in a courtroom, you may face a temporary order of protection, removal from your home, and damage to your reputation and relationships. In 2024, the NYPD responded to 249,077 domestic incident reports (DIRs) citywide. In the Bronx, there were 30,440 intimate partner DIRs and 25,994 family-related DIRs, both among the highest borough totals.
Bronx domestic violence lawyer David Mejia Colgan, Esq. has spent more than 30 years handling criminal cases in Bronx County courtrooms, first as an Assistant District Attorney in the Bronx County District Attorney’s Office and now as a criminal defense attorney who represents people accused of domestic violence offenses. He understands how prosecutors build these cases because he once built them himself, and he uses that knowledge to protect his clients’ rights.
This guide covers what qualifies as a domestic violence offense under New York law, the criminal penalties and collateral consequences you may face, how orders of protection work, possible defense strategies, and what to expect from the Bronx court system. Call New York criminal defense attorney David Mejia Colgan Esq. at (718) 484-8820 to schedule a free consultation about your case.
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New York does not have a single statute called “domestic violence.” Instead, domestic violence describes any criminal offense committed against a family member or household member as defined under Criminal Procedure Law (CPL) § 530.11 and Family Court Act (FCA) § 812. The term covers a wide range of conduct, from physical assault to harassment to property destruction, depending on the relationship between the people involved.
Under New York law, the offense itself determines the charge. There is no separate “domestic violence” charge on the books. Instead, prosecutors file charges for the underlying crime, such as assault in the third degree or criminal contempt, and the domestic relationship between the parties triggers additional procedures, court oversight, and potential consequences.
Because prosecutors in the Bronx treat these cases aggressively, even a misunderstanding or a heated argument can result in an arrest and criminal charges. The Bronx County District Attorney’s Office maintains a dedicated domestic violence bureau that handles these prosecutions, and judges typically issue orders of protection at arraignment before the accused has an opportunity to present a defense.
Key Takeaway: New York has no standalone domestic violence crime. The term describes criminal offenses committed against family or household members, and the underlying charge, whether assault, harassment, or stalking, determines the penalties you face.
If you have been arrested on domestic violence-related charges in the Bronx, call (718) 484-8820 to discuss your defense options.
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The definition of “family or household member” determines whether criminal charges trigger New York’s domestic violence procedures. Under CPL § 530.11, the following relationships qualify:
New York courts consider several factors when determining whether two people have an “intimate relationship,” including the length of the relationship, frequency of contact, and type of interactions. This broad definition means that domestic violence charges can arise from disputes between a wide range of people, not only spouses or romantic partners.
Key Takeaway: New York’s definition of family or household member extends beyond spouses to include roommates, dating partners, people who share a child, and relatives by blood or marriage. This broad scope means domestic violence procedures can apply to many types of relationships.
The Law Offices of David Mejia Colgan, Esq. can review the specific facts of your case to determine how these definitions affect your situation. Call (718) 484-8820.
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Prosecutors in the Bronx can file a range of charges in domestic violence cases. The specific charge depends on what allegedly happened, not on the domestic relationship itself. Under New York Penal Law, the most common charges include:
Assault in the third degree under Penal Law § 120.00 is a Class A misdemeanor. Prosecutors must prove you intentionally or recklessly caused physical injury, or, in some cases, that you caused injury with criminal negligence using a deadly weapon or dangerous instrument. Assault in the second degree under Penal Law § 120.05 is a Class D felony, which applies when the injury is serious or a weapon is involved.
Criminal obstruction of breathing or blood circulation under Penal Law § 121.11 is a Class A misdemeanor. Strangulation in the second degree under Penal Law § 121.12 is a Class D felony. New York law treats these offenses seriously because of the heightened danger associated with choking or strangulation during domestic disputes.
Harassment in the second degree under Penal Law § 240.26 is a violation (not a crime), while aggravated harassment in the second degree under Penal Law § 240.30 is a Class A misdemeanor. Menacing in the third degree under Penal Law § 120.15 and menacing in the second degree under Penal Law § 120.14 cover threatening conduct that places another person in fear of physical injury.
Violating an order of protection may be charged as criminal contempt in the second degree (Penal Law § 215.50), criminal contempt in the first degree (Penal Law § 215.51), or aggravated criminal contempt (Penal Law § 215.52), depending on the alleged conduct and prior history.
| Charge | Classification | Maximum Penalty |
|---|---|---|
| Harassment 2nd (PL § 240.26) | Violation | 15 days in jail |
| Assault 3rd (PL § 120.00) | Class A Misdemeanor | 364 days in jail |
| Aggravated Harassment 2nd (PL § 240.30) | Class A Misdemeanor | 364 days in jail |
| Criminal Contempt (PL § 215.50) | Class A Misdemeanor | 364 days in jail |
| Strangulation 2nd (PL § 121.12) | Class D Felony | 7 years in prison |
| Assault 2nd (PL § 120.05) | Class D Felony | 7 years in prison |
| Aggravated Criminal Contempt (PL § 215.52) | Class D Felony | 7 years in prison |
Key Takeaway: Bronx domestic violence charges range from violations carrying 15 days in jail to Class D felonies with up to seven years in state prison. The severity depends on the alleged conduct, the injuries involved, and whether an order of protection was in place.
Call David Mejia Colgan, Esq. at (718) 484-8820 to evaluate the specific charges filed against you.
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A conviction on domestic violence-related charges in New York carries penalties beyond jail time and fines. These collateral consequences (indirect results that courts do not impose directly but that follow from a criminal record) can affect nearly every part of your life.
A domestic violence conviction can result in:
These consequences can persist long after you have served any sentence. In many cases, the collateral effects of a conviction are more damaging than the criminal penalties themselves.
Key Takeaway: Beyond jail time, a domestic violence conviction in New York can cost you your right to own firearms, affect your immigration status, limit housing and employment options, and influence custody decisions. These consequences make a strong legal defense critical.
Call (718) 484-8820 to understand how a domestic violence charge may affect your specific situation.
He earned his Juris Doctor from New York University School of Law in 1998 and his Bachelor of Arts from Lafayette College in 1993, where he was inducted into Pi Sigma Alpha, the national political science honor society. He was admitted to the New York State Bar in 1999 and is also admitted to practice in the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York.
After law school, he began his legal 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 matters, including homicides. He tried numerous misdemeanor and felony cases during his tenure. In 2005, he entered private practice and has since represented clients in criminal investigations, trials, appeals, and post-conviction proceedings in both state and federal courts. He is fluent in Spanish and maintains a strong Avvo rating based on numerous positive client reviews.
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An order of protection (sometimes called a restraining order) is a court order that restricts contact between the accused and the person who filed the complaint. In the Bronx, judges routinely issue temporary orders of protection at arraignment, often within hours of an arrest, before the defense has presented any evidence.
There are two main types. A full order of protection (also called a “full stay-away order”) prohibits all contact, including phone calls, text messages, emails, social media interaction, and physical proximity. It may also require the accused to leave a shared residence. A limited order of protection (sometimes called a “refrain from” order) allows continued contact but prohibits any further offensive conduct.
Under New York law, both Bronx County Criminal Court at 265 East 161st Street and Bronx County Family Court at 900 Sheridan Avenue can issue orders of protection. Criminal court orders are issued as part of criminal proceedings, while Family Court orders are part of civil family offense petitions. A person can pursue both avenues simultaneously.
The Bronx County Integrated Domestic Violence (IDV) Court, located at the Bronx Hall of Justice at 265 East 161st Street, handles cases where a family has both criminal and family court matters pending. One judge oversees both proceedings to prevent conflicting orders and reduce the burden on all parties.
Violating an order of protection is a separate criminal offense. A first violation is typically charged as criminal contempt in the second degree under Penal Law § 215.50, a Class A misdemeanor carrying up to one year in jail. Repeated violations or violations involving physical contact can be charged as aggravated criminal contempt under Penal Law § 215.51, a Class E felony carrying up to four years in prison.
Key Takeaway: Bronx judges issue orders of protection at arraignment, often before the defense has been heard. Violations carry separate criminal charges, and even accidental contact, such as a text message, can result in arrest and additional penalties.
Your attorney can work to modify overly restrictive orders and protect your access to your home and children. Call (718) 484-8820.
If you are arrested on domestic violence charges in the Bronx, the process typically unfolds in several stages. Understanding what to expect can help you make informed decisions about your defense.
After arrest, you will be taken to the local precinct for processing, which includes fingerprinting and photographing. In New York, officers responding to domestic incidents must complete a Domestic Incident Report (DIR), a state-mandated form that documents the alleged facts. The DIR becomes a key piece of evidence in the prosecution’s case.
Your first court appearance is the arraignment, which typically takes place at Bronx County Criminal Court within 24 hours of arrest. At arraignment, the judge will read the charges, set bail conditions, and almost always issue a temporary order of protection. The Bronx County District Attorney’s Office will present the complaint, and you will enter an initial plea.
Under New York’s 2020 discovery reform laws, prosecutors must provide initial discovery within statutory deadlines, generally 20 days if the defendant is in custody and 35 days if not (subject to exceptions and motion practice). This includes police reports, witness statements, body camera footage, 911 recordings, and medical records. Your attorney will review all discovery materials carefully to identify weaknesses in the prosecution’s case.
Bronx domestic violence cases can be resolved in several ways:
Key Takeaway: After a Bronx domestic violence arrest, you will be arraigned within 24 hours and almost certainly face a temporary order of protection. How the case resolves, whether through dismissal, ACD, plea, or trial, depends on the evidence and the strength of your defense.
Every domestic violence case is different, and the right defense strategy depends on the specific facts and circumstances. A thorough evaluation of the evidence, not assumptions, is the foundation of an effective defense.
Domestic violence accusations sometimes arise from custody disputes, relationship breakdowns, or attempts to gain leverage in Family Court. Emotions run high during these conflicts, and accusations may not reflect what actually happened. A thorough defense investigation examines the full context of each case, including the relationship history, potential motivations for false claims, contradictions in the complainant’s statements, and physical evidence that supports the accused’s account.
Under New York Penal Law Article 35, a person may use physical force to defend themselves when they reasonably believe such force is necessary to prevent imminent harm. If you were acting in self-defense during a domestic dispute, this can serve as a complete defense to assault and related charges.
The prosecution must prove every element of the charged offense beyond a reasonable doubt. Weak evidence, inconsistent witness statements, lack of corroboration, or missing physical evidence can form the basis for challenging the charges. A careful review of police reports, DIR forms, medical records, and any available video or audio evidence can reveal gaps in the prosecution’s case.
Key Takeaway: Defense strategies in Bronx domestic violence cases may include challenging false allegations, asserting self-defense, exposing insufficient evidence, or seeking suppression of unlawfully obtained evidence. The right approach depends on the facts of your specific situation.
David Mejia Colgan has handled domestic violence cases from both sides of the Bronx courtroom. Call (718) 484-8820 for a free consultation.
Domestic violence allegations can significantly affect child custody and visitation proceedings. Under New York Domestic Relations Law § 240, courts must consider domestic violence as a factor when determining custody arrangements. This applies in both Family Court and Supreme Court proceedings.
A domestic violence conviction, or even an active order of protection, can lead to restrictions on custody and visitation. The court may limit a parent’s access to supervised visitation only, require participation in a batterer’s intervention program, or modify existing custody arrangements. In the Bronx, these matters are often handled by the Integrated Domestic Violence Court, where a single judge oversees both the criminal case and related family matters.
The connection between criminal charges and custody proceedings makes it especially important to mount an effective defense. A criminal conviction does not automatically result in loss of custody, but it gives the other parent powerful evidence to use in Family Court. Conversely, a successful defense or dismissal of criminal charges strengthens your position in custody proceedings.
Key Takeaway: Under New York law, courts must consider domestic violence when making custody decisions. An active criminal case or order of protection can limit your parental rights, making a strong criminal defense essential to protecting your relationship with your children.
Not every domestic violence arrest results in a conviction. New York law provides several alternatives that may allow you to resolve the case without a permanent criminal record, depending on the charges and your history.
An ACD under CPL § 170.55 postpones the case for a set period, typically six months to one year. If you comply with the conditions (which may include completing a program or maintaining a full order of protection), the charges are dismissed and sealed. An ACD is not an admission of guilt and does not result in a criminal conviction.
Courts in the Bronx may order participation in a batterer’s intervention program or anger management counseling as part of a conditional disposition. Successful completion can support a favorable outcome, whether through dismissal or a reduced charge.
In some cases, the prosecution may agree to reduce a misdemeanor charge to a non-criminal violation, such as disorderly conduct under Penal Law § 240.20. A violation does not carry the same collateral consequences as a misdemeanor or felony conviction, though an order of protection may still remain in effect.
The Domestic Violence Survivors Justice Act (DVSJA) can, in qualifying cases, allow a judge to impose a reduced or alternative sentence for survivors of domestic violence where abuse was a significant contributing factor (Penal Law § 60.12), and may also allow resentencing in certain cases (CPL § 440.47).
Key Takeaway: Alternatives to conviction in Bronx domestic violence cases include ACDs, intervention programs, plea reductions to non-criminal violations, and protections under the Domestic Violence Survivors Justice Act. Eligibility depends on the specific charges and circumstances of your case.
David Mejia Colgan, Esq. can evaluate whether you qualify for an alternative resolution. Call (718) 484-8820.
The steps you take immediately after an accusation can significantly affect the outcome of your case. Here is what you should do, and what you should avoid.
Key Takeaway: After a domestic violence accusation in the Bronx, your most important steps are to remain silent, avoid contact with the complainant, preserve evidence, and contact a criminal defense attorney immediately. Early legal representation can make a significant difference in the outcome.
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A domestic violence charge can upend your life, affecting where you live, your relationship with your children, and your ability to earn a living. You do not have to face these charges without representation.
David Mejia Colgan, Esq. has spent more than 30 years practicing criminal law in Bronx County. He served as an Assistant District Attorney in the Bronx, where he prosecuted domestic violence and sex crimes cases. After founding his private practice, he uses this insight and experience to defend clients accused of these same charges. He appears regularly in Bronx County Criminal Court, Bronx County Family Court, and the Bronx Integrated Domestic Violence Court. Contact our Bronx criminal defense lawyers to discuss your case.
Call David Mejia Colgan, Esq. at (718) 484-8820 for a free consultation. The office at 910 Grand Concourse, Suite 1F, serves clients throughout the Bronx and the surrounding boroughs. David Mejia Colgan, Esq. provides personal, direct representation on every case, and he is fluent in Spanish.
No. In New York, only the Bronx County District Attorney’s Office has the authority to drop criminal charges. Even if the complainant wants to withdraw the accusation, the prosecution can proceed with the case based on other evidence, including police observations, medical records, and 911 recordings. However, a complainant’s unwillingness to cooperate can affect the strength of the prosecution’s case.
Timelines vary depending on the complexity of the case and the court’s calendar. Simple misdemeanor cases may resolve within a few months through an ACD or plea agreement. Contested cases that proceed to trial can take six months to over a year. Felony charges typically involve grand jury proceedings and take longer to resolve.
A full order of protection may require you to vacate a shared residence, even if your name is on the lease or deed. The judge makes this determination at arraignment based on the allegations. An attorney may be able to argue for a limited order of protection that allows you to remain in the home while prohibiting offensive conduct.
If your case is dismissed or results in an ACD, it is automatically sealed under CPL § 160.50. Convictions on misdemeanor or felony charges generally cannot be sealed, though New York’s CPL § 160.59 can allow sealing of certain convictions after a 10-year waiting period (with exceptions and eligibility limits).
Family Court handles civil family offense petitions and can issue orders of protection, but it cannot impose jail time. The Criminal Court handles criminal charges filed by the District Attorney and can impose jail or prison sentences upon conviction. Under New York law, a person can pursue proceedings in both courts simultaneously. In the Bronx, the Integrated Domestic Violence Court consolidates overlapping cases before a single judge.
Yes. Under CPL § 140.10(4), police officers in New York must arrest a person whom they have reasonable cause to believe has committed a felony family offense or has violated a stay-away order of protection. For misdemeanor family offenses, officers have the authority to make a warrantless arrest but may use discretion.
