If you need legal help in a case of domestic violence in Staten Island, Brooklyn, or in the counties of Monmouth or Middlesex, New Jersey, you will get the legal support and guidance you need from us. As matrimonial divorce lawyers, we are licensed in New York and New Jersey and can represent you in your domestic violence matter. State laws assist victims of domestic violence with many legal protections, which our firm can put into place for your benefit. Contact a skilled domestic violence attorney from Dow Divorce Law to learn more about how we can assist you today.
What is Domestic Violence?
Domestic violence refers to the assault, battery, sexual assault, intimidation, or other abusive treatment of a family member, household member, or intimate partner against another. This abuse can occur between spouses, ex-spouses, family members, people living together, domestic partners, unmarried parents of a child, and dating partners. Domestic violence crosses all social and economic strata, ethnic groups, and religious groups.
Orders of Protection
Under New York and New Jersey law, an order of protection issued by the courts can protect victims of domestic violence by prohibiting the abuser from contacting the victim in any way at home, at work, or at school. A person named in an order of protection who violates the “stay-away” order can be arrested by law enforcement and charged with a felony when harassing or threatening a victim.
Often, domestic violence becomes an issue in child custody or visitation cases. In these matters, an order of protection may be issued by the courts along with a temporary child support order.
How Do I Get an Order of Protection?
Here in New York State, you can request an order of protection either through Family Court or Criminal Court. One thing that’s critically important to understand is that anyone can request an order of protection–not just women. Men can be threatened, harassed, falsely accused, or abused by a spouse or partner in the same way that anyone else can.
That said, obtaining an order of protection involves several steps. First, a person will file a family offense petition or become involved in a related criminal proceeding. From there, a judge may review the allegations and determine whether temporary protections should be put into place while the case moves forward. Some examples of evidence that may support a request for an order of protection are as follows:
- Text messages
- Emails
- Photographs
- Medical documentation
- Police reports
- Witness testimony
- Voicemails
- Surveillance footage
After the initial filing, the parties will generally have to return to court for additional hearings where evidence and testimony may be presented. At that point, the judge will determine whether a longer-term order of protection is appropriate.
Unfortunately, many men hesitate to seek legal protection because they believe the court system will automatically side against them. While every case is different, the reality is that many fathers do feel they are at a disadvantage once accusations are made. Because of this, documenting conversations, preserving evidence, remaining calm, and speaking with an experienced domestic violence attorney as early as possible can be incredibly important to the outcome of your case.
How Can Domestic Violence Affect the Outcome of a Family Law Case?
Domestic violence allegations can impact nearly every aspect of a divorce or family law matter in New York State. In fact, even temporary allegations can significantly influence how courts approach child custody, parenting time, financial issues, and other major components of your case. Some of the most common issues affected by domestic violence allegations include:
- Child custody
- Parenting time
- Supervised visitation
- Temporary child support
- Exclusive possession of the marital residence
- Relocation disputes
- Divorce negotiations
- Final custody determinations
Mistakes to Avoid in Domestic Violence Cases
If you are facing domestic violence accusations during a divorce or custody matter, there are several mistakes you should avoid at all costs. They include:
- Sending angry text messages
- Violating temporary court orders
- Posting about the case on social media
- Attempting to contact the other party after restrictions are imposed
- Responding emotionally to accusations
- Assuming weak allegations will simply disappear on their own
Instead, fathers should focus on remaining calm, documenting relevant communications, preserving evidence, complying with all court orders, and continuing to demonstrate involvement in their children’s lives whenever legally permitted to do so.
Contact a Domestic Violence Attorney in Staten Island, New York
In Staten Island, Brooklyn, and the neighboring counties of Monmouth and Middlesex, the issue of domestic violence is a pressing concern that affects many families. Local resources, such as the New York City Human Resources Administration and the Middlesex County Domestic Violence Services, provide support for victims seeking safety and legal recourse. These organizations can help connect you with shelters, counseling, and legal assistance tailored to your needs.
In Staten Island, the local courts are equipped to handle domestic violence cases with sensitivity and urgency. If you are facing threats or harassment, obtaining an order of protection can be a crucial step in ensuring your safety. Our team can assist you in filing for these protective measures, ensuring that your rights are upheld and that you feel secure in your home and community. Contact us for an initial consultation today.
