Domestic Violence Lawyers on Long Island and New York City
File for a Restraining Order in New York State
Do you feel unsafe in your own home due to an abusive member of your household? We can help protect you and your children. With the help of a Long Island domestic violence attorney, in less than 24 hours you can get an order of protection to stop your abuser from contacting you or coming anywhere near you.
What Are Orders of Protection?
If a individual ever feels they are the victim of domestic violence, or even if they feel threatened, they can ask for a temporary order of protection, also known as a restraining order.
A restraining order requires the other party to stay a certain distance away from someone, their residence, and their children until the case is heard in court. A judge will then make a decision to either terminate or extend the order. If the restraining order is violated, the offending spouse can be arrested and possibly sentenced to jail time.
What Does an Order of Protection Do?
An order of protection is an order issued by a court of law that is designed to protect a person from harassment, abuse, violent acts, and verbal threats. These orders are available to anyone who feels they may be endangered by another person. In a family law context, orders of protection can safeguard people from further domestic violence situations.
Orders of protection legally force your abuser to:
- Move out of your home (if you live together)
- Stay away from you
- Stay away from your kids (if you have any)
- Not contact you anymore
- Comply with child custody and child support orders
- Not own or possess a firearm
- Not use substances or be in the marital residence while intoxicated
These family court orders are not “just a piece of paper,” either. Individuals who violate orders of protection will face criminal consequences including arrest and fines.
Types of Protective Orders in NY
There are two types of orders of protection. The first is called a “stay away” order. If a petitioner is granted a “stay away” order of protection, the respondent will not be allowed within a set vicinity of the petitioner. This means the respondent may not come near the petitioner’s home, workplace, or even near the petitioner’s family.
The second type of order is called a “refrain-from” order. A refrain-from order makes it illegal for the respondent to threaten, harass, or abuse the petitioner. The respondent must refrain from this behavior, or he/she will face serious legal consequences.
What Is Considered Domestic Violence in New York?
In New York, “domestic violence” is defined as any hostile action, harassment, threat, or negligence that occurs within a family setting. In many instances of domestic violence, there is repeated physical, mental, and emotional abuse.
Domestic abuse may occur between:
Domestic violence is disturbing and leads to much emotional devastation for victims. Often, victims are aware that the abuse is not normal, but they may be too fearful to report it. Most victims of domestic violence are manipulated and forced to remain in their hazardous relationships, which can make it hard for them to escape the abuse.
In New York, domestic violence is taken very seriously by law enforcement. Leading district attorneys are quick to prosecute domestic violence offenders, and they will seek the maximum legal penalties.
Consequences for Violating an Order of Protection
If a person is convicted of domestic abuse, they face a variety of severe legal consequences, including:
- Monetary fines
- Mandatory counseling
- Community service
These consequences may be enhanced if the domestic violence victim was a minor, or if the offender has prior domestic abuse convictions.
Are you a victim of domestic violence? Schedule a free consultation to see how our domestic violence lawyers near you can help.
What Is Domestic Violence?
The state of New York defines domestic violence as physical or psychological abuse that occurs between family members, including people who are or were married, engaged, or living together, or who are related by blood, adoption, marriage, or have had a child together. Domestic violence can include harassing telephone calls, threats, stalking, emotional abuse, and other threatening forms of control and dominance. Claims of domestic violence in New York can be handled in Criminal Court, Family Court, or both.
What Do I Do if I Am Accused of Abuse?
If you have been accused of abuse and wish to fight your charges, remember that an allegation does not necessarily equal proof. Seek the help of an experienced family law attorney from Wisselman, Harounian & Associates to represent you as soon as possible. An attorney from our firm can help gather evidence that will support your case and could protect you against jail time and fines.
How Do I Protect Myself or My Child Against Abuse?
Orders of protection can be obtained by those who feel threatened by or are the victims of, domestic violence. These orders can prohibit the accused from threatening, attacking, striking, battering, telephoning, or otherwise disturbing the peace of the person requesting protection. Violators may be subject to jail time.
Domestic violence victims may also wish to consider other options, including leaving the area, staying with a friend or family member, having a friend of family member stay with them, or going to a shelter. Do not hesitate to contact law enforcement if you fear for your safety or that of your child.
Escape a Hostile Environment – Call Our Firm in Carle Place
If a person is a victim of domestic violence, he/she should speak with a qualified domestic violence attorney immediately. A domestic violence lawyer can safeguard the person’s well-being by filing an order of protection. A legal representative can also gather evidence, interview involved parties, and document all instances of violence.
If a person is going through a divorce or child custody battle, then incidents of domestic violence can be presented by an attorney during future court proceedings. A skilled lawyer will do everything possible to protect the victim’s best interests and future security.
At Wisselman, Harounian & Associates, our Long Island domestic violence attorneys provide clients with compassionate legal guidance and aggressive courtroom representation. We fight to protect the safety of our clients and ultimately make a positive difference in their lives. We understand how difficult and complicated domestic violence situations can be, particularly when it involves a family member. We offer free and confidential case evaluations so you can explore your legal options.