DOMESTIC VIOLENCE
A Domestic Violence Attorney Representing A Wide-Range of Cases
Domestic violence can be experienced by anyone in a number of forms, including physical, emotional, verbal, or sexual abuse. An experienced domestic violence attorney can provide the aggressive, necessary representation during a domestic violence case.
There are two rules when it comes to domestic violence.
Rule number 1 is that neither spouse has a right to physically violate the other spouse.
Rule number 2 is there are no exceptions to rule number 1.
Domestic violence is a crime.
Orders of Protection - Domestic Violence
What is an order of protection? Most people know it as a restraining order. An order of protection is used to safeguard an individual from being harmed by another due to acts of domestic violence such as physical abuse, harassment, or verbal threats. It is a myth that only women are victims of domestic violence.
Domestic violence can be dealt with in a number of courts. The victim can have the perpetrator arrested and prosecuted in Criminal Court. The victim can also go to Family Court and proceed with a petition for an order of protection.
There are two types of orders of protection. The first is a non-stay away or a restraining order of protection. This is a court order that the perpetrator will not allow alarm, annoy, harass, assault or violate the alleged victim in any way. However, the parties can still live together. The second order protection is a stay-away order of protection. In New York, a stay-away order of protection can require the abuser to:
Stay away from you and your children
Restrict contact with you via phone, email, or text
Stay away from your workplace or the children’s school
Move out of the family residence
Pay child support
Surrender any weapons they may own