How Does New York Handle Domestic Violence Cases?
Marriage is supposed to be a sacred union between two people who love and support each other. When one spouse does something to betray that bond of trust, it can send a marriage on a downward spiral. Some spouses will go so far as to compulsively degrade their partner, or even physically abuse them. This is completely unacceptable. You should also know that domestic violence can occur between any couple, no matter their marital status, age, race, or sexual orientation. If you are a victim of domestic violence, you must read on and learn about what you can do to help yourself.
What is domestic abuse?
Domestic abuse is the act of maintaining control over an adult intimate partner through coercive tactics, such as physical, sexual, economic, psychological, and emotional abuse. Domestic violence may also present itself in the form of intimidation, sexual exploitation, isolation, and emotional persecution. No man or woman should endure this behavior–not even for a second. If you are a victim of domestic abuse, it is in your best interest to have an attorney who has your back, and who can help ensure you stay protected and safe.
What do I do if I am a victim of domestic abuse?
If you are a victim of domestic abuse, the first thing you must do is file an Order of Protection against the abuser. This is a temporary restraining order until the court can hear the case in family or criminal court. You, as the accuser, may pick which court you wish to take your case. You may even choose both. However, if you choose family court, you will have to confront the accused. If this incident initiated a divorce, an Order of Protection may be filed in the court where the divorce is taking place.
How may domestic abuse affect child custody?
When a couple has children and one spouse is a victim of domestic violence, he or she will have to satisfy the burden of proof by demonstrating that domestic violence has impacted them and their child’s life. Since domestic violence is not limited to physical abuse, it can be complicated to prove. An attorney will help you gather the information necessary to prove your case. You may use text messages, medical documents, emails and more to prove that you are a victim of domestic abuse. Your trial will determine child custody and whether your Order of Protection is permanent.
Contact our Suffolk & Nassau County firm
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-333