New York Domestic Violence Attorneys

If you are facing domestic violence in New York, it’s important to understand your legal rights and options. Domestic violence is a serious issue that can encompass physical, emotional, and financial abuse. At Brian D. Perskin & Associates, our team of New York domestic violence attorneys specialize in providing comprehensive legal support to victims of domestic violence, helping them secure their safety and protect their legal interests.

Understanding Domestic Violence and Its Impacts

Domestic violence can be physical, mental, or emotional. It can also involve psychological intimidation. Most often, abusers use these forms of violence against their spouse to establish control and create fear. Some abusers may even be overly controlling of the marital property and financial assets, including your income.

The impact of domestic violence in New York extends beyond the immediate physical injuries. It can have long-lasting effects on the emotional well-being of victims and their children, potentially leading to a cycle of abuse that spans generations. Recognizing these effects and contacting a New York domestic violence attorney is essential for providing targeted support and interventions.

Securing an Order of Protection

Victims of domestic violence are often stressed from the situation they are being put in. Common stress factors that can arise are the fear that they will lose custody of their children to their abusive spouse, or that they will lose their economic security if their spouse is awarded all the money and assets. The fear of such outcomes can be terrifying, which is why it is important to seek help from an experienced New York divorce & family lawyer immediately. 

Furthermore, an Order of Protection, commonly referred to as a restraining order, is a legal tool designed to protect victims of domestic violence from further harm and can relieve some stress. This legal Order can prohibit the abuser from coming into contact with the victim, either directly or indirectly, and may include other specific stipulations to ensure the safety and well-being of the victim and their family.

An Order of Protection can include various provisions, such as:

• No Contact Provision: Prevents the abuser from making any contact with the victim, including phone calls, emails, messages, or physical presence.
• Stay-Away Provision: Orders the abuser to stay a certain distance away from the victim, their home, workplace, and possibly their children’s schools.
• Exclusion Provision: Directs the abuser to move out of a shared home with the victim.
• Firearm Seizure: Requires the abuser to surrender any firearms they possess and may prohibit them from purchasing any new firearms.

How to Obtain an Order of Protection

To obtain an Order of Protection in New York, you must file a petition in either the Family Court, Supreme Court, or Criminal Court, depending on the circumstances. With the help of a New York domestic violence attorney, here’s what you can generally expect from the process:

1. Filing the Petition: You begin by filing a detailed petition that includes instances of abuse and the specific type of protection you are seeking.
2. Temporary Orders: If immediate protection is needed, the court can issue a temporary Order of Protection based on the information provided in the petition. This temporary order is often granted the same day or shortly after the petition is filed.
3. Court Hearing: A full court hearing is usually scheduled within a few weeks, where both parties can present their evidence and testimonies. Based on the evidence, the judge will decide whether to grant a final Order of Protection and for how long.

Legal Assistance with Orders of Protection

Securing an Order of Protection can be a complex process, especially in cases where ongoing abuse has left the victim feeling vulnerable. At Brian D. Perskin & Associates, our New York domestic violence attorneys are committed to guiding you through every step of the process. We help you gather necessary evidence, prepare your petition, and represent you during court hearings. Our goal is to ensure that all legal measures are effectively enforced to maximize your protection.

Enforcement of Orders of Protection

Enforcement is a priority for the effectiveness of any Order of Protection. Violations of the order are taken seriously and can result in immediate arrest and criminal charges. Our New York domestic violence attorneys provide advice on how to handle violations and ensure continuous protection, including working with local law enforcement to understand and enforce the Order.

Navigating Custody and Visitation Issues in Domestic Violence Cases

When domestic violence is a factor, custody and visitation decisions are significantly influenced by the imperative to protect the safety and well-being of the children and the affected parent. The court’s primary concern is to ensure a safe and stable environment for the children.

Domestic violence in New York can profoundly affect custody and visitation arrangements. Courts generally consider the presence of domestic violence in the household as a critical factor against granting custody to the abusive parent. The key considerations often include:

• The Safety of the Children: Ensuring that children are not exposed to further violence or abuse.
• The Effects of Abuse on Parenting Abilities: Evaluating whether the abusive parent can provide a safe and nurturing environment.
• The Emotional Well-Being of the Children: Considering the psychological impact on children who witness domestic violence.

How to Prepare for Your Case

Preparing thoroughly for legal proceedings is an important aspect of any divorce case. But in cases of domestic violence, where the stakes are often high, and the evidence can be pivotal, this step sets the tone for the entire case. Here’s how you can effectively prepare for your case:

Understanding the Importance of Documentation

Documentation plays an important role in legal proceedings involving domestic violence in New York. Accurate and detailed records can provide the court with a clear picture of the abuse and help establish a pattern of behavior that supports your claims. Key types of documentation include:

• Financial Records: Bank statements, credit card statements, pay stubs, and other financial documents can help illustrate the economic impact of the abuse and are essential for discussions regarding spousal support and asset division.
• Written Records of Interactions: Keeping a log of dates, times, and descriptions of interactions with the abuser can be powerful evidence in court. This should include any threatening emails, text messages, or voicemails, as well as detailed notes on physical or verbal incidents of abuse.
• Medical Reports: Documentation of injuries caused by domestic violence, such as doctor’s reports, hospital records, and photographs of injuries, provides concrete evidence of physical abuse. Be sure to secure records of any treatment or examinations related to the abuse.
• Police Reports: Official reports can bolster your case significantly. If the police were called at any time due to incidents of domestic violence, obtaining copies of these reports is essential.
• Witness Statements: Testimonies from neighbors, friends, family members, or co-workers who have witnessed the abuse or its effects can support your claims. Witness statements can add credibility to your case, especially if they corroborate your accounts of specific incidents.

These documents will be crucial when the court decides on the division of your marital property and custody arrangements or visitation. These documents will also be useful if there are future incidents of abuse. Do not let fear stop you from fighting for your rights and the best interests of your children. At Brian D. Perskin & Associates P.C., a lawyer at our firm will stand up for you.

Organizing Your Documentation

Effectively organizing your documentation can make your legal process smoother, help decrease costs, and allow your New York domestic violence attorney to advocate more effectively on your behalf. Consider the following steps:

• Create a Timeline: Establish a chronological order of events that includes detailed descriptions of each incident of abuse. This timeline can be key in helping your New York domestic violence attorney understand the full scope of the situation and in presenting a clear narrative to the court.
• Securely Store Documents: Keep all original documents in a safe place where they cannot be accessed or destroyed by the abuser. Consider making digital copies that can be stored securely online or with a trusted friend or family member.
• Review with Your Attorney: Prior to any hearings or trials, review all your collected documents with your attorney. This will help ensure that nothing is overlooked and that your legal team is fully prepared to use the evidence effectively.

Legal Strategy and Preparing for Court

Preparing for court involves more than just gathering evidence. It’s about discussing a comprehensive legal strategy with your New York domestic violence attorney. This includes preparing for potential cross-examinations, understanding the legal thresholds for proof of abuse, and developing clear, persuasive arguments for your desired legal outcomes.

Why Choose Brian D. Perskin & Associates?

At Brian D. Perskin & Associates, we understand the complexities involved in domestic violence cases. We are dedicated to fighting for the rights and safety of our clients. Our New York domestic violence attorneys have a proven track record of success in handling these sensitive cases with the utmost confidentiality and respect.

You don’t have to face domestic violence alone. Contact Brian D. Perskin & Associates today to discuss your situation confidentially. Our experienced New York domestic violence attorneys are here to help you navigate the legal system and advocate for your rights and safety.