NYC Domestic Violence Lawyers
The Surgeon General of the United States recently declared domestic violence to be the top health concern in the country. It is possible for a person not to realize they’re using domestic violence on another person. In many cases, the victims do not recognize it’s domestic violence they’re experiencing. They fail to take action. The friends and loved ones of a victim are in the position to see and understand domestic violence and get the necessary help. If someone believes they’re the victim of domestic violence, it’s essential they understand it can take many different forms. Depending on where the domestic violence has occurred, we can help – our Los Angeles criminal Lawyers and NYC Criminal Lawyers are available to help.
Domestic Violence in the United States
The United States Department of Justice defines domestic violence as a pattern of abusive behavior between people in a relationship. This behavior is utilized to get control or maintain control over a partner in the relationship.
Types of Abuse
This could involve physical abuse, which is any form of violent behavior as well as denying medical treatment or forcing a person to take drugs or alcohol and more. Sexual abuse is when the abuser tries to force a victim into having sex without their consent. Emotional abuse involves intentionally damaging a person’s self-worth or self-esteem. Economic abuse happens when the abuser wants the victim to be financially reliant on them. Psychological abuse involves using fear of physical harm or intimidation to control the victim. There is also stalking and cyberstalking.
Protective and Prosecutorial Resources
In the state of New York, the criminal court and family courts have concurrent jurisdiction over offenses involving the family. This involves such charges as menacing, sexual misconduct, assault and more. It is possible for a person to bring civil charges against the perpetrator in family or criminal court. In some situations, a person can bring simultaneous actions in each court. In New York, you can also apply for an order of protection from the family or criminal court. There are no specific laws identifying violence or other crimes as domestic related. Many types of violent acts that may happen between individuals currently or formerly in an intimate relationship are covered under criminal law.
Suing Your Abuser
You have the right to pursue justice from the abuser through the court system. When people get injured by others, they can seek what the law refers to as “damages,” in the form of money, for such costs as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some scenarios, to punish the abuser. On top of that, New York legislation specifically allows a person to sue a person who shares or publishes intimate images of him/her for compensatory damages, punitive damages, and reasonable court costs and attorney’s fees. The law also gives judges the authority to issue an injunction to stop the behavior.
If You Were Sexually Abused as a Child
As of August 14, 2019, New York extended the statute of limitations (amount of time) that you have to sue someone who sexually abused you as a child. If you are a victim of childhood sexual abuse, and the abuse took place after the law was passed, then you have until you turn 55 years old to file a lawsuit. On the other hand, if you were sexually abused as a child before the new law went into effect, and the time to file suit has already expired (that is, the statute of limitations had already run out), you are still allowed to file a lawsuit but the time frame is different for you. You have a one-year window to file your suit.
Domestic Violence Victims
Most definitions of domestic violence show how anyone can be a victim. It does not matter a person’s age, education level, socioeconomic background, gender, sexual orientation or religion. The most current definition of domestic violence victims includes spouses, family members, cohabitants, children, people who are simply dating and more.
Order of protection
Too many people believe that an order of protection can only be taken out by a person who is a spouse. That is not true. An order of protection is able to be taken out by most victims of abuse. This includes adult relatives, partners with separate residences, roommates and more. In the state of New York, an order of protection can be issued by a family court, criminal court as well as state Supreme Court. It is issued to limit the threat of someone who has harmed or intends to harm another person.
What Can a Protection Order Do for a Domestic Violence Victim?
An order of protection could require a person to move out of a home, pay child support, follow custody orders, stay away from a person and their children as well as not possess any type of firearms and more. In family court, the proceedings to bring an order of protection require filling out a Family Offense Petition. Many people find this petition complicated. They may want to speak with a lawyer or a domestic-violence advocate prior to filing it out.
In some cases, depending on where the violence occurs – you may be able to hire a NYC personal injury law firm to help get you compensation for your injuries. We have locations in both NYC, and Los Angeles for personal injury.
There are many different types of penalties and sentences a person can receive if found guilty of committing domestic violence under New York State Law. Should someone be convicted of a violent felony offense such as first-degree assault, they could be sentenced up to 25 years in prison and given a fine of $5,000. There are also class A misdemeanors. This could be something such as third-degree assault, criminal obstruction of a person’s breathing, menacing in the second degree and more. A person convicted of one of these offenses could be sentenced to jail for twelve months or given a fine of $1,000.
Contact A NYC Attorney
Should you be charged with domestic violence, it is a very serious situation. It’s important you do what is necessary to help your defense get all the facts presented to the court. Experienced lawyers with knowledge of the New York court system will provide you with the chance at getting desirable outcomes.
How can I safely get my belongings out if he’s abusive?
One of society’s -kept secrets is the prevalence of abusive relationships. Many abusers are very good at hiding their abuse in public. Many abused people take steps to hide the abuse from their coworkers, friends, and family members. If you’ve decided to leave an abusive relationship, know that you’re making one of the most courageous decisions of your life.
Ending any relationship comes with potential emotional difficulties. These are multiplied tenfold when abuse is a factor. You should be most concerned with keeping yourself safe. This is the number one priority. One of the other things you might be worried about is how to retrieve your belongings. You may be worried that your partner will not allow you to leave the house or physically harm you. This is especially true for people who left their homes to save their own lives.
If you believe there is a threat to your safety, you shouldn’t go back to the residence alone. You might need to bring your family, friends, or law enforcement officials with you.
Understanding Your Rights
You should become familiar with the legal rights and protections offered to you. You have the right to be physically protected. You also have the right to keep your own property.
Different states all have slightly different laws. The definition of “personal property” will vary depending on where you live. When your relationship ends, you should make an effort to bring as many things with you as possible as you leave.
If it’s not possible to bring things with you, you do have other potential methods to get the items returned. When this is the case, it’s important to have legal counsel assist you. You need to make sure your method of retrieval is both safe and legal.
It’s hard to avoid acting based on emotion when you’re dealing with your ex, especially an abusive one. One advantage of an attorney is that they don’t have the same emotional involvement. They can review the facts of the case and explain your options to help provide some clarity.
Order of Protection
A lawyer can make a request that you be given an Order of Protection. This legal document, sometimes called a restraining order, helps to limit the abusive party’s activity. It also offers you protection should the abuser violate the terms outlined.
The exact terms included in the order of protection will be different depending on a number of factors. A judge will take into consideration whether you have children, how much time you spent with your ex, your financial situation, and any previously filed police reports.
If your ex damages, destroys, or sells any of your property, the lawyer can help you seek compensation.
Accompaniment by Law Enforcement
One option you have is asking for a police officer to come with you when you retrieve your belongings. Going alone can open you to a dangerous situation. You may face physical and verbal abuse. Oftentimes, a police officer’s presence alone is enough to keep the abuser from acting out.
You have a legal right to request an officer’s accompaniment. When you ask the police department to help you, you should provide whatever paper trail you have proving the abuse. Things like old texts and emails are invaluable. You want to provide as many provable facts as you can.
The police officer’s job is to schedule an appropriate time to help you get your items. All involved parties need to be involved in the scheduling. This is oftentimes the easiest way to get your belongings without conflict.
Ask Your Family and Friends
Many of your family members and friends don’t have an emotional standing with your ex. It’s possible that your ex will let one of these people come to your house to get your belongings. If your ex agrees, you should give your friend or family member a detailed list explaining everything you want returned.
Don’t call your ex about the situation. Instead, have the other person talk to your ex to schedule a time. If your ex won’t let the third party come to the house, you may file a case against them through your jurisdiction’s civil court.
The main goal is to make sure you obtain your things within the boundaries outlined by the law. If you have to file divorce papers, file for a separation, or make child custody arrangements, your attorney can help you after you’re settled somewhere safe. Your safety is what matters most.
Can my unborn child be added to the restraining order?
A pregnancy can be one of the most joyous events in a person’s life. Bringing a child into the world is something that many people dream of doing for years. Knowing that you’ve created a new life, and that you get to nurture that life into adulthood, is an incredibly rewarding feeling. But sometimes problems between parents can turn a pregnancy into a stressful, anxious, and uncertain event. Mothers going through fraught relationship issues with the father of their child may fear for the safety of their child. There are some tips you can keep in mind regarding restraining orders.
Restraining Orders and How They Work
When one individual has been threatened or harmed by another individual, they may get a legal restraining order. This court order protects the individual from a person who has made threats, been violent, or committed a sexual assault. Restraining orders can also apply in cases of stalking.
The legal procedures for restraining orders vary from state to state. In some states, a person must present proof that the other individual is causing them harm. Other states only require that you prove the person has the potential to harm you. If the situation is an emergency, a temporary restraining order may be granted. It’s important to note, however, that they will expire. Permanent restraining orders require some form of proof to be presented to the court.
If you’re pregnant and have gotten a restraining order against the father of your child, it’s not guaranteed that the restraining order will extend to your unborn child. Before the restraining order can include your child, the father must have paternity testing done to see whether he is the biological father.
Paternity testing is referred to as a Motion to Establish Paternity in the court. After the father’s biological paternity has been proven, he has the option to file a petition for custody. Filing custody doesn’t automatically mean he will win custody, but he has a legal right to pursue the issue.
If you make the decision, you’re legally allowed to bar the father from being in your delivery room during the birth. When paternity testing has established a biological connection between the father and the baby, he has the legal right to come see the baby after the birth. But he cannot be there to witness the birth when you don’t want him there.
There’s a simple reasoning behind this. Giving birth is a difficult process already. Bringing a new life into the world should be as calming, gentle, and joyous as possible. You should not feel threatened while giving birth, as this might cause harm to both the baby and you.
Restraining Order Protections
If you wish to have protection for your unborn baby in addition to yourself, you need to go back to the court and file a separate restraining order regarding the baby. When you already have a restraining order proving violence or intent to harm, it shouldn’t be hard to convince the court there is a reasonable danger to the child.
The court’s job is to make the decision that’s for the baby. If restraining orders are necessary to protect the child from harm, they will grant them.
What to Do
When you’re proving your case in court, the most important evidence you have is documentation. You need to document as many events as possible. Everything the baby’s father has said or done must be documented. It’s important to remember as much as possible. The more information you have, the stronger your case will be.
Throughout the filing process, you should continue to document everything. Bring your documentation to the court. After your restraining order is granted, you can document any threats or attempts at contact. Keep track of the dates and times at which these events occur. Violating a restraining order is a serious offense, and the court will make him face legal repercussions.
Photographs are also important parts of documentation. If there are any photos of physical evidence left by violent acts, they’ll be helpful in your case. When you establish a history of violent behavior toward you, the court may reasonably believe the father is a danger to the child.
After your child is born, the father may legally establish his paternity and try to get custody. This course of action is his legal right. But a restraining order makes it unlikely he will win custody.