How Are Domestic Violence Cases Handled in New York?
Domestic abuse is an extremely serious and heinous offense, of which New York State takes very seriously. If you are a victim of domestic abuse, then you need to know what to do in order to ensure your safety. Since passing the Family Protection and Domestic Violence Intervention Act in 1994, New York State seeks to crack down on all those who act in such a way.
What qualifies as domestic abuse?
There are several things that may qualify as abuse. While most people know in their heads and hearts what abuse is and looks like, it is important to outline exactly what legally constitutes domestic abuse in New York State. If you or anyone you know have endured any of the following, you are most likely a victim of domestic abuse.
- Emotional abuse or controlling behavior
- Sexual abuse
- Psychological abuse
What do you do if you are a victim of domestic abuse?
Just as domestic abuse comes in both physical and emotional forms, it can also occur regardless of gender. Any sex, socioeconomic status or sexual orientation may experience domestic abuse. If you are a victim of domestic abuse, there are several things you can do. The first is to file an order of protection. If you choose to file an order of protection, then the abuser must abide by the following provisions:
- The abuser must have no communication or visits with the victim and his or her children
- The abuser must leave the home
- The abuser must surrender any firearms
- The abuser must follow other court orders, including child support and custody
Additionally, you should of course report these incidences of domestic abuse to the appropriate authorities, and hire an experienced lawyer immediately to help ensure your safety.
What do you do if you are falsely accused of domestic abuse?
Since the domestic abuse laws are so strict in New York State, unfortunately, they are themselves sometimes abused, and people are wrongly accused. If you are someone who has been falsely accused of domestic abuse, then you should also contact an experienced attorney right away, as these accusations can not only damage your reputation, but they may also affect custody and parenting time arrangements as well.
Contact our firm
Nobody should feel unsafe in their own home, and nobody should ever have to live in fear. If you are a domestic abuse victim of any sort, it is extremely important that you report the occurrence(s) and contact a compassionate attorney immediately. Likewise, if you believe you are wrongly accused of domestic violence, the Law Office of Peter L Jameson, PLLC is the place to call.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.