New York Domestic Violence Family Lawyers

Whether you are accused of a crime or you are a victim, domestic violence allegations are serious. If you have been impacted by domestic violence in some way, WertheimerLipton is here for you. We have the experience and compassion to provide the guidance and support you deserve as you overcome the challenging circumstances of family conflict.

What is considered domestic violence in new york?

In New York, domestic violence is classified as a family offense. It is broadly defined as a violent and threatening crime committed between people who share certain relationships including current or former spouses, parent and child, or other members of the same family or household. Domestic violence includes, but is not limited to, the following criminal acts occurring within one of the above specified relationships:

• Harassment
• Stalking
• Assault
• Threats (violence, economic/psychological abuse)
• Sexual Misconduct
• Strangulation
• Identity Theft
• Coercion
• Reckless Endangerment
• Criminal Mischief
• Disorderly Conduct

What should i do if i am a victim of domestic violence?

If you are experiencing family violence at home, protecting yourself and your family is your top priority. Contact 911 if there is a threat of immediate danger. If you are not in immediate danger, you should create a safety plan. This plan should include how you will respond to a dangerous situation and/or prepare to leave your home for a safe housing option if needed.

A family lawyer can help you obtain a protective order, file for divorce, and assess other legal needs you may have. You can find more local resources on the New York State website. There are also domestic violence services available throughout New York that can help you secure emergency housing, and provide support through counseling, support groups, and other needs.

Temporary restraining order (tro) or temporary order of protection

Domestic violence charges often result in an automatic protective order known as a temporary restraining order or order of protection. These protective orders are intended to protect victims from further abuse by prohibiting the alleged abuser from certain activities that would lead to any contact or interaction between the victim and the accused.

A protective order can be obtained through the family court as part of a civil case, regardless of whether there have been any formal charges filed against the alleged abuser. However, an order of protection may only be issued in criminal court against the alleged abuser if there are criminal charges filed. Orders of protection may also be issued in Supreme Court as part of a divorce proceeding.

Though temporary, a protective order is not necessarily short-term. An order of protection issued in family court can extend between two and five years. Protective orders issued in criminal court may last up to eight years, depending on the severity of the family violence charges. In some cases, the order of protection may become permanent in a subsequent hearing.

A family law attorney can assist you in seeking the appropriate protective order for your situation including certain parameters to meet your family’s needs. In addition to prohibiting the alleged abuser from coming into the family home and/or otherwise having contact with the accuser, a temporary order of protection may also address child visitation, financial support, and make arrangements for the accused to retrieve his or her belongings from the family residence.

What if domestic violence charges against me are false?

Domestic violence laws are in place to protect victims, but these laws are sometimes abused to gain the upper hand in a turbulent divorce case or emotional custody battle. Because courts often err on the side of protecting the alleged victim, it can be challenging to combat false accusations, especially when it comes down to a situation where it’s one spouse’s word against the others. Therefore, if you are wrongfully accused of domestic violence, you need an experienced family attorney to advocate for you and clear your name as quickly as possible to avoid any impediments to your rights including your parental rights and access to your property.

Do i need a family lawyer if i am accused of domestic violence?

Allegations of domestic violence are serious and can result in immediate consequences, even without any evidence or findings of guilt. Even if the accusations are without merit, it is important to address the subject head-on to avoid having your character attacked, reputation damaged, and most importantly, jeopardizing your rights to your family, especially your children. Allegations of domestic violence can also result in criminal charges, so you must respond appropriately to the claims against you, even when you know they are false.

Even if you have not been arrested or formally charged with domestic violence, an allegation made by a spouse in a complicated divorce, an angry parent in a custody battle, or otherwise used to obtain an order of protection can have a great and immediate impact on your life. An experienced family lawyer can support you in overcoming false accusations of domestic violence by advocating to protect you and preserve the family, career, and life that you have worked so hard to build.

At WertheimerLipton, we understand that family conflict is stressful. Our team of New York family law attorneys is committed to compassionate, but aggressive, representation where you are informed, empowered and in control. Contact us today to talk about your case.