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Domestic Violence Help in New York: What a Family Attorney Can Do for You

Understanding Domestic Violence in New York

Domestic violence, also referred to as intimate partner violence, is a pervasive issue affecting individuals and families across New York. New York law defines domestic violence broadly, encompassing a range of abusive behaviors, including physical assault, emotional abuse, sexual abuse, economic control, and threats. It's crucial to recognize that domestic violence is not just physical; it's a pattern of coercive control designed to intimidate, manipulate, and isolate the victim.

⚖️ New York Legal Definition: While there isn't one single statute defining "domestic violence," New York's Penal Law outlines various crimes that frequently constitute domestic abuse, such as assault, harassment, menacing, stalking, and criminal obstruction of breathing or blood circulation. These acts, when committed against a family member (as defined below), fall under the umbrella of domestic violence.

👨‍👩‍👧‍👦 Who is Considered Family?: New York law extends domestic violence protections to a wide range of relationships, including:

  • ➡️ Persons legally married to one another.
  • ➡️ Persons formerly married to one another.
  • ➡️ Persons who have a child in common, regardless of whether they have been married or have lived together at any time.
  • ➡️ Persons who are related by consanguinity or affinity.
  • ➡️ Persons who are or have been in an intimate relationship. This can include dating relationships, regardless of whether the individuals have lived together.

How a New York Family Attorney Can Help

Navigating the legal system while experiencing domestic violence can be overwhelming. A family attorney specializing in domestic violence cases in New York can provide crucial support and guidance. Here's how:

1. Obtaining Orders of Protection (Restraining Orders) 🛡️

One of the most immediate and vital steps is obtaining an Order of Protection, also known as a restraining order. This legal document prohibits the abuser from contacting, harassing, or coming near the victim and, in some cases, their children.

Types of Orders of Protection in New York:

  • ➡️Temporary Order of Protection: Issued by a court at the initial stage of a case, providing immediate protection until a full hearing can be held.
  • ➡️Final Order of Protection: Issued after a hearing where evidence is presented. This order can last for up to five years, depending on the circumstances of the case and the severity of the abuse.

A family attorney can:

  • ➡️ Help you prepare and file the necessary paperwork to obtain an Order of Protection.
  • ➡️ Represent you in court hearings related to the Order of Protection.
  • ➡️ Ensure the Order of Protection is properly served on the abuser.

2. Child Custody and Visitation 👶

Domestic violence significantly impacts child custody and visitation arrangements. New York courts prioritize the safety and well-being of children when making custody decisions. Evidence of domestic violence can heavily influence the court's decision-making process.

New York's Stance on Domestic Violence in Custody Cases: New York Domestic Relations Law explicitly states that the court must consider the impact of domestic violence on the best interests of the child. The court may restrict or deny visitation rights to the abusive parent if it determines that visitation would endanger the child's physical or emotional health.

A family attorney can:

  • ➡️ Advocate for your parental rights while prioritizing the child's safety.
  • ➡️ Present evidence of domestic violence to the court to support your custody claim.
  • ➡️ Negotiate or litigate safe visitation arrangements, potentially including supervised visitation.

3. Divorce and Separation 💔

Domestic violence can be a ground for divorce in New York. Cruel and inhuman treatment that endangers the physical or mental well-being of the abused spouse is a valid reason to seek a divorce. Even if a divorce is filed on no-fault grounds, evidence of domestic violence can impact the outcome of the divorce proceedings, particularly concerning property division and spousal support.

Impact on Property Division: While New York is an equitable distribution state (meaning assets are divided fairly, but not necessarily equally), evidence of abuse can influence the court's decision on what is "fair." For example, if the abuser wasted marital assets due to substance abuse related to the abuse, the court might consider that when dividing property.

Impact on Spousal Support (Alimony): Similarly, evidence of abuse can affect spousal support awards. The court may consider the abuser's conduct when determining the amount and duration of spousal support.

A family attorney can:

  • ➡️ Help you file for divorce based on grounds of cruel and inhuman treatment.
  • ➡️ Gather and present evidence of domestic violence to support your claims for property division and spousal support.
  • ➡️ Protect your safety and financial interests throughout the divorce process.

4. Financial Compensation and Restitution 💰

Victims of domestic violence in New York may be entitled to financial compensation for damages resulting from the abuse. This compensation can cover medical expenses, lost wages, property damage, and pain and suffering.

Potential Avenues for Compensation:

  • ➡️Civil Lawsuits: You can file a civil lawsuit against the abuser for assault, battery, intentional infliction of emotional distress, and other torts.
  • ➡️Crime Victims Compensation Board (CVB): The CVB provides financial assistance to victims of crime, including domestic violence, for expenses such as medical bills, counseling, and lost wages.
  • ➡️Restitution in Criminal Cases: If the abuser is convicted of a crime related to the domestic violence, the court can order them to pay restitution to the victim.

A family attorney can:

  • ➡️ Assess the potential for financial recovery based on the specific facts of your case.
  • ➡️ Help you file a civil lawsuit against the abuser.
  • ➡️ Assist you in applying for Crime Victims Compensation.
  • ➡️ Advocate for restitution in criminal proceedings.

5. Housing and Relocation Assistance 🏠

Leaving an abusive relationship often requires finding safe and affordable housing. A family attorney can connect you with resources and legal assistance to help you secure housing and relocate, if necessary.

Resources Available in New York:

  • ➡️Domestic Violence Shelters: New York has numerous shelters that provide temporary housing and support services for victims of domestic violence.
  • ➡️Legal Aid Organizations: Several organizations offer free or low-cost legal assistance to domestic violence survivors, including help with housing issues.
  • ➡️Section 8 Housing Choice Voucher Program: This program provides rental assistance to low-income individuals and families, including domestic violence survivors. Special provisions may be available to expedite the application process for those fleeing domestic violence.

A family attorney can:

  • ➡️ Connect you with local resources for housing and relocation assistance.
  • ➡️ Represent you in housing court if you are facing eviction due to domestic violence.
  • ➡️ Help you navigate the legal requirements for breaking a lease safely.

Strategies for Protecting Yourself and Your Children

Beyond legal recourse, proactive safety planning is essential. Here are some strategies to protect yourself and your children:

1. Develop a Safety Plan 📝

A safety plan is a personalized strategy to help you stay safe during and after leaving an abusive relationship. It should include:

  • ➡️Identifying safe places to go: Know where you can go if you need to leave immediately, such as a friend's house, a shelter, or a public place.
  • ➡️Establishing a code word: Create a code word with trusted friends or family members that you can use to signal that you need help.
  • ➡️Packing an emergency bag: Keep a bag packed with essential items, such as money, medications, important documents, and a change of clothes, in a safe and easily accessible location.
  • ➡️Protecting your digital privacy: Change your passwords, monitor your online activity, and be aware of potential tracking devices.

2. Document the Abuse 📸

Keep a detailed record of all incidents of abuse, including dates, times, locations, descriptions of the abuse, and any injuries sustained. Take photos of injuries and save any threatening messages or emails. This documentation can be crucial evidence in legal proceedings.

3. Seek Support from Friends, Family, and Professionals 🫂

Don't isolate yourself. Reach out to trusted friends and family members for support. Consider seeking counseling or therapy to process the trauma of domestic violence. There are also many support groups specifically for domestic violence survivors.

4. Contact Law Enforcement When Necessary 👮‍♀️

If you are in immediate danger, call 911. Report incidents of abuse to the police and obtain a police report. Even if you are unsure about pressing charges, reporting the abuse creates a record of the incidents.

Finding a Qualified New York Family Attorney

Choosing the right attorney is crucial. Look for an attorney who:

  • ➡️ Specializes in family law with experience in domestic violence cases.
  • ➡️ Is compassionate, understanding, and supportive.
  • ➡️ Is knowledgeable about New York's domestic violence laws and resources.
  • ➡️ Communicates clearly and effectively.

Questions to Ask Potential Attorneys:

  • ➡️ How many domestic violence cases have you handled?
  • ➡️ What is your strategy for protecting my safety and the safety of my children?
  • ➡️ What are my legal options?
  • ➡️ What are your fees and costs?

Resources for Domestic Violence Victims in New York

Numerous organizations in New York provide assistance to domestic violence victims. Here are a few key resources:

  • ➡️New York State Coalition Against Domestic Violence (NYSCADV): https://nyscadv.org/ - Provides information, resources, and advocacy on domestic violence issues.
  • ➡️Hope's Door: https://www.hopesdoorny.org/ - Offers shelter, counseling, and legal services to domestic violence survivors in Westchester County.
  • ➡️Safe Horizon: https://www.safehorizon.org/ - Provides a wide range of services to victims of violence and abuse throughout New York City.
  • ➡️The Crime Victims Compensation Board (CVB): https://cvb.ny.gov/ - Offers financial assistance to victims of crime, including domestic violence.
  • ➡️National Domestic Violence Hotline: 1-800-799-SAFE (7233) - Provides 24/7 crisis support and resources.

Remember, you are not alone. Help is available. Don't hesitate to reach out for support.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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