When a nurse is arrested for domestic violence, they don’t need judgment. They need actionable information, advocacy, and a plan. That is what we aim to provide through this page, and through the representation we can provide you or a loved one facing such a serious professional quandary.
While arrests, charges, and orders of protection related to domestic violence are a fundamentally legal problem, they are equally a professional concern. For most nurses, protecting their careers is just as important as protecting themselves against potential legal consequences. The LLF National Law Firm Professional License Defense Team will lead the fight for your career.
Many nurses are falsely accused of domestic violence. They should, quite obviously, not suffer professionally as a result of any false accusations, exaggerated claims, or illegitimate arrest or charging.
We believe just as firmly that, even when a nurse makes an uncharacteristic mistake, mercy is almost always in order. Yet, such mercy is never guaranteed when dealing with the New York State Board of Nursing or the New York State Education Department Office of the Professions.
Rather than merely hoping for a best-case outcome, let’s fight for one. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to learn more about how we will take the lead in defending your nursing license in Albany, Schenectady, or elsewhere in Upstate New York.
What Qualifies as “Domestic Violence” in the Albany Area?
New York law and courts regard “domestic violence” as a category of “family offense.” This kind of offense is defined by the relationship between the accused and the purported victim, which may include:
- Spouses (or former spouses)
- Those in a non-marital intimate relationship
- Blood, marital, or adoptive family members
- Individuals who share a child
Generally speaking, family offenses (which cover domestic violence) are reserved for current or former partners or family members. New York statutes identify several alleged criminal offenses that may fall under the umbrella of family offenses, and possibly domestic violence, including but not limited to:
- Assault
- Menacing
- Reckless endangerment
- Harrassment
- Disorderly conduct
- Certain sexual offenses
- Strangulation
- Stalking
- Coercion
- Criminal mischief
- Grand larceny
- Identity theft
Simply being accused of attempting one or more of these offenses can trigger arrest, charging, and the granting of an order of protection.
What Does an “Order of Protection” Related to Alleged Domestic Violence Mean?
Nurses working for the Albany Med Health System or St. Peter’s Health Partners are familiar with terms like “vitals” and “ambulate”—not so much “order of protection” or even “Miranda rights.” Even if a nurse is familiar with these legal concepts (worldly as nurses are), they are rightfully uncomfortable when they fall on the wrong side of them.
In a domestic violence context, an order of protection is issued through civil proceedings, which often run parallel to criminal proceedings. The stated purpose of such an order is to “stop the violence, end the family disruption, and obtain protection.”
An order of protection stemming from a domestic violence accusation might:
- Become effective as soon as the judge issues the order
- Impose conditions that interfere substantially with one’s personal and professional lives
- Require the respondent (the nurse targeted by the order) to maintain physical distance, refrain from all forms of communication with the petitioner, surrender any firearms, and possibly even leave their own home
- Become a criminal matter if the respondent is accused of violating the terms of the order
- Be temporary at first (usually until legal proceedings have resolved)
- Become permanent, particularly if the respondent is found responsible for one or more domestic violence offenses
New York courts from Troy to Gloversville, Amsterdam to Albany, can impose such orders on a nurse accused of domestic violence. Such nurses should do everything they can to abide by the order’s terms.
Now that we have defined domestic violence and orders of protection, we still need to examine the professional ramifications of these kinds of legal problems.
The Professional Implications of Various Legal Outcomes for Nurses Accused of Domestic Violence in Upstate New York
No two allegations of domestic violence against New York-based nurses are identical. Therefore, when we discuss the “professional implications” of a domestic violence accusation against a nurse, we need to be more specific.
It is critical to note that a nurse can face professional discipline for “misconduct,” even if they are not found legally responsible for an accusation of domestic violence. However, the likelihood of such a finding and other pressing considerations can vary depending on how any legal case unfolds.
The professional effects of such a serious accusation may vary significantly based on whether:
You Are Accused But Never Arrested or Charged
Here is the scenario:
- A nurse is never arrested for any criminal offense that might qualify as domestic violence
- However, someone files a complaint against the nurse through the Office of Professional Discipline (OPD)
When such a complaint is filed, New York State Education Department’s Office of the Professions (OP) investigates and prosecutes the alleged professional misconduct.
The professional implications of such a complaint will rest upon the outcome of the complaint’s investigation and prosecution. If you have been targeted by such a complaint, do not wait to contact our Professional License Defense Team.
You Are Arrested but Not Charged
If you are arrested but not charged, you are not generally compelled by New York statutes to report the arrest to licensing authorities. However, if your employment contract requires you to report an arrest to your employer, then your employer may decide whether to report the circumstances of the arrest to the Office of Professional Discipline.
You Are Charged, But the Case Is Dismissed (or “Dropped”)
If someone is arrested and charged but not convicted (or coaxed into a guilty plea), they are not considered guilty. Therefore, the nurse does not generally have to report the arrest or even the charge to the New York State Education Department Office of the Professions or the Office of Professional Discipline.
However, as we stated before, a nurse’s employer might expect them to report arrests, charges, or both voluntarily. If and when an employer is aware of a nurse’s legal circumstances, they might protect themselves by reporting those circumstances to licensing authorities.
You Plead Guilty or No Contest
New York authorities consider a criminal conviction to be professional misconduct. When a nurse seeks to renew their license, they are expected to report a guilty or no-contest plea. If they do not report such a plea, they may face an additional accusation of professional misconduct for “obtaining the license fraudulently,” through dishonesty about their legal problems.
Knowing this, it may be wise for a nurse to:
- Proactively inform New York nursing authorities (perhaps starting with the New York State Board of Nursing) of any criminal plea you have entered (or will enter)
- Document their disclosure of the plea agreement, as proof of their proactive reporting may benefit them during any disciplinary or license-renewal proceedings
- Be prepared for the Office of the Professions (which oversees nurses’ licensure) to learn of the criminal plea on its own, whether through reporting from representatives of the courts or its own monitoring of nurses’ legal cases
Voluntary reporting is not necessarily the right approach, though. Once licensing authorities are aware of a nurse’s guilty or no-contest plea, they may investigate the circumstances and ultimately discipline the nurse. Before you take any action, then, consult our Professional License Defense Team about the right move for you.
You Are Found Guilty by a Jury
If you are found guilty of a family offense, the professional implications mirror those of a guilty or no-contest plea. You may want to proactively disclose such a conviction, as you can be certain the subject will arise during license-renewal proceedings.
When Does a Nurse Have to Report an Arrest (or Charge or Conviction) Related to Domestic Violence?
Nurses in Cohoes, Albany, Watervliet, Schenectady, and other areas of Upstate New York are not formally required to report an arrest under any circumstance. However, a nurse who is “convicted of” or who is responsible for “committing an act constituting” a crime is expected to volunteer the information when:
- They are renewing their license or seeking new licensure
- Asked directly about such legal matters by a representative of New York’s licensing agencies
- The circumstances involved in legal proceedings impede their ability to practice nursing safely and effectively
If an employment contract requires a nurse to disclose such information, the nurse is expected to do so.
The vast majority of nursing-specific professional concerns—especially those intertwined with the criminal justice system—are nuanced. New York statutes rarely capture this nuance.
Our Professional License Defense Team does not issue blanket advice. Instead, we learn about each nurse’s unique professional, legal, and personal circumstances. We evaluate relevant rules and statutes. Then we provide the nurse with guidance tailored to them.
Do not wait to contact us about any legal or professional concerns. Whether they relate to a domestic violence allegation, an order of protection, or another problem that may adversely affect your career, we can help.
Can Any Professional or Legal Intervention Program Help Me Keep My Nursing License?
Some domestic violence allegations against nurses are symptoms of mental health struggles, substance use disorders, anger-management problems, and other complications of being human beings. These (and perhaps other) circumstances can qualify nurses for one or more legal or professional intervention programs, which may improve their odds of retaining their professional license.
As part of your representation, our Professional License Defense Team can explore your eligibility for:
- The Office of the Professions’ Professional Assistance Program (PAP): This program is described plainly as “a program for licensed professionals who have substance abuse problems.” Just as importantly, the PAP is “a confidential, treatment-based alternative to disciplinary proceedings.”
- The New York State Nurses Association’s Statewide Peer Assistance for Nurses (SPAN): This program offers a “confidential education, support, and advocacy program for ALL nurses licensed in New York State, anywhere on the continuum from substance use to substance dependence.” Enrolling in such a program might show willingness to improve for nurses whose domestic violence allegations are related to substance use.
We frequently help nurses struggling with substance use, whether they need a drug diversion defense in Albany, a defense against alleged domestic violence, help seeking treatment, or other forms of compassionate assistance.
State courts may also offer intervention programs that mirror New York City’s Abusive Partner Intervention Program (APIP). Successful completion of such a program can simultaneously yield a more favorable legal outcome for the accused nurse and strengthen their case with licensing professionals.
How Does the New York Nursing Board Respond to Allegations of Domestic Violence Against Nurses?
An Albany nurse’s defense against domestic violence should be proactive. If you have any suspicion that licensing authorities could find out about a domestic violence allegation against you, then you should anticipate how those licensing authorities may respond.
New York statutes detail the “Proceedings in cases of professional misconduct” alleged against nurses and other licensed members of the state’s workforce:
- “Any person” may file such a complaint
- Representatives of the New York State Education Department’s Office of the Professions (OP) investigate the complaint
- The Director of the Office of Professional Discipline (OPD) decides whether to dismiss the complaint or pursue formal charges
- A Hearing Panel, including an Administrative Law Judge (ALJ), hears the case, including the nurse’s defense
- The New York State Board of Regents Review Committee may review the hearing record and evaluate any disciplinary decision rendered, which serves as a sort of appeal opportunity for the nurse
Following this sequence, the Board of Regents will issue its final decision. Note that this sequence can look different in each case, and that having real-time guidance from our Professional License Defense Team should be invaluable.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to learn more about how we will take the lead in defending your nursing license in Albany, Schenectady, or elsewhere in Upstate New York.