Domestic Violence Lawyers In New York
Domestic violence or accusations of it should never be taken lightly. On the one hand, a criminal investigation and charges might be needed to resolve the situation and protect the abused. On the other, domestic violence can completely disrupt and up-end a family law case like divorce or child custody. In either situation, working with a professional attorney is crucial to ensure the matters are handled correctly and the case progresses smoothly.
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Davidoff Law and our Queens domestic violence lawyers are proud to offer our legal services to people throughout New York. If you have been harmed or threatened by domestic violence, then please call (888) 211-1116 right away* to discuss your legal options with our team. We would also be honored to help you solve any related family law issues that became even more complicated due to the act of domestic violence. You can also rely on us if you have been accused of domestic violence or harassment but know that the accusations are unjustified.
(* Please call 911 if you are in danger of imminent physical violence. Please also be aware that the person who has committed domestic violence against you might be able to see the history of the phone numbers you have called and the websites that you have visited if they can access your phone or computer. Never do anything that jeopardizes your health and safety.)
What Is Domestic Violence?
Under New York law, domestic violence is defined as any behavior that involves physical, emotional, sexual, or financial abuse between family or household members. This includes spouses or ex-spouses, people who share a child in common, people who are related by blood or marriage, people who are or have been in an intimate relationship, and people who live in or rent the same residential property.
Domestic violence can take many forms, including but not limited to:
- Physical harm
- Criminal mischief
- Or any other “penal law violation”
How Domestic Violence Can Affect Family Law
Domestic violence is a serious issue that can have far-reaching consequences, especially in the context of family law cases. When domestic violence allegations are involved, family law cases can quickly become complicated and emotionally charged. Victims of domestic violence may struggle to navigate the legal system and protect their rights, while those accused of domestic violence may face significant legal and social consequences.
Family law cases that can become complicated by an act or accusation of domestic violence can include:
- Child custody: If a parent is accused of domestic violence, the court may be hesitant to grant them custody or visitation rights, particularly if the abuse was directed at the child. If both parents have been accused of domestic violence, the court may need to appoint a neutral third party to conduct an investigation and make a recommendation for custody and visitation arrangements. If a parent is a victim of domestic violence and is seeking sole custody, they may need to provide evidence of the abuse and demonstrate how it would be in the child's best interests to sever ties with the other parent.
- Visitation: If a parent has been accused of domestic violence, they may be granted limited or supervised visitation to protect the child. If visitation with the accused parent is deemed unsafe, the court may require that visits take place in a neutral location, such as a counseling center or supervised visitation center. A parent who is a victim of domestic violence may be hesitant to allow the other parent to have unsupervised visitation, which can create challenges in negotiating a visitation schedule.
- Child support: In New York, child support is determined by a specific formula that takes into account each parent's income, the number of children, and other relevant factors. If one parent has been accused of domestic violence, it can affect primary custody of the child, which can then influence a higher amount of child support to account for the extra costs associated with caring for a child on their own.
- Property division: In New York, property division is based on the principle of equitable distribution, which means the court will divide marital property in a manner that is fair and just. If domestic violence led to financial abuse, such as taking control of joint accounts, the victim may seek a larger share of the marital property to compensate for those losses.
Using An Order Of Protection
For victims of domestic violence, obtaining an order of protection can be an important step in securing their safety and finding legal recourse. In New York, an order of protection is a court order that requires the accused individual to stay away from the victim or require them to limit their interactions, such as prohibiting unnecessary direct contact or restricting access to certain locations. Our Queens domestic violence attorneys can guide you through the entire process of obtaining an order of protection through a New York family court.
Defending Against Domestic Violence Accusations
Being accused of domestic violence can have serious consequences, including criminal charges, restraining orders, loss of custody or visitation rights, and damage to your reputation. Unfortunately, false accusations of domestic violence can and do occur in some family law cases. Sometimes, a spouse may make false allegations to gain an advantage in a custody or support dispute. If this happened to you, it's essential to have an experienced attorney who can help defend against false allegations and protect your rights.
Our Queens domestic violence lawyers can help by:
- Gathering evidence: In a wrongful accusation, evidence is critical in proving your innocence. We can work to gather evidence that contradicts the accuser's claims and supports your version of events. This can include witness testimony, text messages, emails, voicemails, and social media posts.
- Building a strong defense strategy: We know how to build a strong defense strategy based on the evidence gathered, your account of the events, and the relevant laws and regulations.
- Representing you in court: If the case goes to court, our lawyers can represent you and present your defense. We can present evidence and call witnesses to testify in court, too.
Schedule A Consultation With Our New York Firm
If you are dealing with domestic violence, please request our legal help as soon as possible. Domestic violence cases can be complicated and emotionally charged, but you don't have to face them alone. At Davidoff Law, our team of experienced Queens domestic violence attorneys is here to help you navigate the legal system, protect your rights, and get the resolutions and protections you need to move forward with your life.
To schedule a consultation and learn more about how we can help, reach out today at (888) 211-1116 or use an online contact form.