NYC Domestic Violence Lawyers
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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 best 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 best chance at getting desirable outcomes.