Domestic Violence & Orders Of Protection
Protecting The Interests Of Domestic Violence Clients
Domestic violence and family abuse incidents are much more common than most people realize. Domestic violence incidents don’t always involve physical abuse or actions—they can involve threats, intimidation, verbal abuse, and much more. Unfortunately, domestic violence affects couples and families. Parties involved in domestic disputes can range from married couples, boyfriend, and girlfriends, former spouses or lovers, same-sex couples, or even other family members who may have an intimate relationship. If you or a loved one has been a victim of domestic abuse, you may be concerned about the safety of your home and where to turn next. If you are a victim of abuse, it is important that you contact the proper authorities and an experienced New York domestic violence attorney immediately.
Our Lawyers Help Victims Of Violence And Victims Of False Accusations
Domestic violence situations do not always involve two spouses. New York recognizes anyone who lives in a home or who is in an intimate relationship can be the victim of domestic violence. It is important to know your rights — whether you are the accused or the accuser.
- If you have been accused of domestic violence, you are entitled to a hearing, especially if you are being asked to leave your home or apartment. Our office works closely with seasoned criminal law firms should any allegations be commenced in criminal court.
- A full stay away order of protection keeps an accused person away from the home or apartment until a hearing can be scheduled and a judge can hear the evidence.
- A limited or usual terms order of protection restricts the accused from any further acts of domestic violence, however, merely being present is generally not a further family offense.
- It is very important that you keep track of your whereabouts when you have an order of protection, temporary or final, in case you are asked to account for where you were on a specific date and time.
General Divorce, Child Custody, And Orders Of Protection
There are several ways of obtaining an order of protection. One way is by filing for an order of protection with the family court on your own. The other way is by getting an order of protection through the criminal process. Criminal orders of protection are obtained through the district attorney and/or police department. In New York, both avenues can be pursued. In Criminal court, there is a higher burden of proof to obtain an order of protection. You’re not the person who’s bringing the charges, you are the DA’s witness. The district attorney may very well decide that a case is an evidence-based prosecution, which means that even if you change your mind and decide not to request an order of protection, the district attorney may, depending on the seriousness of the case and evidence available, decide to pursue the order of protection anyway, that might not be the outcome you want…Read More
Call To Speak With A Domestic Violence Lawyer
Contact the Law Office of Martin Mohr, if you are a victim of domestic violence and need an order of protection or if you have been falsely accused. We can evaluate your case, and represent you through this difficult time. Contact us at our Bronx office by calling (718) 737-9669 to schedule an initial consultation. We will set up a telephone consultation, if necessary, and will meet with you at our office conveniently located across the street from family court.
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