Family violence lawyers specialize in handling family laws related to physical abuse, emotional abuse, threats of violence, stalking and unlawful imprisonment. Additionally, they may assist with securing orders of protection for clients.
Many women find themselves having to navigate the legal system after a domestic violence incident. Unfortunately, this process can be lengthy, require extensive legal involvement, and be highly stressful for all involved.
Orders of Protection
Orders of Protection are often the only legal way for victims of domestic violence to safeguard themselves and their children. This type of order requires the abuser to cease all abusive behavior, as well as staying away from you, your home, school, and job.
A family violence attorney in New York Family Court can assist you with filing for an Order of Protection. The initial step is to record all instances of violence experienced from the abuser.
You have the option to pursue this alone or with the assistance of a Family Court advocate. In order to prove a “family offense,” such as verbal, physical, sexual or emotional abuse or threats to harm you, you must state what occurred.
In order to properly file a petition for family offense, it is essential to include the name and address of the individual responsible, dates/times of each incident, as well as any injuries (bruises or cuts). Be specific and provide accurate information.
Criminal Domestic Abuse
Domestic violence is a grave offense that can have lasting repercussions for both you and the people involved. If you have been charged with domestic violence or are the victim, it is wise to reach out to an experienced family violence attorney as soon as possible.
Domestic violence charges can have far-reaching effects on your employment, property rights, and social standing in the community. A conviction also leaves you with a permanent criminal record that will follow you throughout life.
Domestic violence cases can be handled in either civil or criminal court, though this sensitive topic often receives extra scrutiny from judges and prosecutors. As a result, it may be difficult for defendants to have their charges dropped even if they wish it to.
Custody and Visitation Modifications
When life’s circumstances change, a custody or visitation order may need to be adjusted. You have the option of filing for modification with the court.
Additionally, judges must take into account the effects of domestic violence when making a custody determination.
Custody arrangements for children vary based on their individual needs and can include weekend parenting time, weekday visits, and/or division of holidays and school recesses.
If you have been the victim of domestic violence, it is essential that you speak with a family violence lawyer about your legal options.
It is essential to recognize that any false accusations of domestic violence by the parent seeking custody could have a devastating effect on your case.
A family violence attorney may be able to convince the judge that switching custody from the abuser to you is in your child’s best interests. Unfortunately, this often necessitates an ongoing court battle lasting several months or years.
Criminal Trials
Criminal trials involve a jury deliberating on evidence presented by both sides to decide if there is enough proof to prove beyond a reasonable doubt that the defendant committed a crime. This standard of proof places much heavier burdens on the prosecutor than it does for plaintiffs in civil trials.
The trial begins with both sides presenting opening arguments, outlining the facts of the case and providing a glimpse of evidence that will be presented to the jury. This is an essential step in the process as it allows jurors to hear both parties’ perspectives before deliberating on what evidence has been presented.
The trial then moves forward into witness testimony, which both the prosecutor and defense utilize. Here they have the chance to question witnesses, extract information from them, and challenge them through cross-examination.
