Domestic Violence Attorney in New York

Your Ally in Family Law Issues

Domestic violence is a serious situation that needs to be dealt with as quickly as possible in order to protect the safety and well-being of victims and children.

If you or any family members have been victims of domestic violence, your priority needs to be your safety. Domestic violence in New York includes, but is not limited to, physical and verbal abuse, harassment, or terroristic threats. The police should be called, and they can assist in removing the abuser from your home. 

Once this process is started, you have options. One important legal option is for you to contact a family law attorney, who can help you obtain a temporary order of protection from the court. An order of protection will legally restrain and prevent the abuser from having contact with you and your family. It will also prevent the abuser from going to your place of employment, school, or residence.

Only once you’re safe should you start thinking about your other options, which may include divorce proceedings and, if you choose, criminal prosecution.

Call (914) 712-6878 or reach out online immediately to speak with a domestic violence attorney in Westchester County. We offer free consultations and 24/7 availability backed by over a combined 5 decades of practice.

Understanding Domestic Violence Laws in New York: The Dual Court System

New York does not have a single crime called "Domestic Violence." Instead, it is a classification that applies to any number of crimes when committed against a family or household member, triggering specific mandatory procedures and penalties.

The Two Jurisdictions

• Criminal Court (The People vs. The Defendant): This court deals with the underlying crime (e.g., Assault in the Third Degree, Criminal Contempt, Stalking). The burden of proof is beyond a reasonable doubt. A conviction here results in fines, jail/prison time, and a criminal record.
• Family Court (Petitioner vs. Respondent): This court handles Family Offense Petitions and Orders of Protection. The burden of proof is much lower (preponderance of the evidence). A finding here, while not a criminal conviction, can result in a Final Order of Protection lasting up to five years, impacting custody and visitation rights.

In Westchester County, many cases involving both criminal charges and a Family Offense Petition are heard in the Integrated Domestic Violence (IDV) Court, where a single judge handles both the criminal and family matters. This requires a Westchester County domestic violence lawyer who is equally adept in both spheres.

Orders of Protection

Temporary orders of protection will last until your next court date. Usually, the court will extend the temporary order of protection from court date to court date to make sure that the victim remains protected.

Final orders of protection could last from one year to five years, depending on the circumstances of the case, the physical harm or threat involved, and the use of a weapon.

Violations of an order of protection are serious criminal offenses, and if someone violates an order of protection against you, call the police and your criminal defense attorney. Your attorney can assist you in filing a petition for violation of an order of protection in the Family Court and can assist you with reporting the violation to the authorities. 

The penalties for violating any kind of order of protection are serious and could result in jail time or the loss of the violator’s license.

How Domestic Violence May Affect Child Custody and Visitation

When allegations of domestic violence arise during divorce or family law proceedings, courts in Westchester County take these matters very seriously, especially when determining child custody and visitation. The primary concern always centers on the best interests and safety of the children involved. 

Judges may consider documented incidents of abuse, police reports, and orders of protection as part of the decision-making process, which can influence custody arrangements and even limit or supervise visitation when appropriate.

In some situations, having a domestic violence lawyer in Westchester County is crucial to navigating these complex issues. Because each family’s circumstances are unique, guidance from a qualified attorney helps ensure that your voice is heard and your children’s welfare remains protected in Westchester County Family Court or Supreme Court.

Factors the court might evaluate in making custody and visitation decisions include:

• Documented instances of abuse: Police reports, medical records, or other proof can be presented to the court.
• Protective orders issued: Existing or past orders of protection may influence temporary or permanent custody determinations.
• Parental involvement and history: The court will look at each parent’s relationship with the child as well as any history of neglect or violence.

The Westchester County Defense Process

Here are some important steps you can take if you or a loved one is experiencing domestic violence in Westchester County:

• Contact law enforcement immediately: If you feel threatened, call the police, who can intervene and help secure your safety.
• Seek a temporary order of protection: A domestic violence attorney in Westchester County will help you obtain a court-issued order to keep the abuser away from you and your family.
• Document all incidents: Keep detailed records of any abuse or threats, including dates, times, and witnesses, to strengthen your case in court.
• Consult family law professionals: Legal guidance can help you navigate issues such as child custody, divorce, and criminal charges related to domestic violence.

Cases of Domestic Violence in Westchester Divorce & Family Law

Since every situation is unique, we realize that part of our role is to help you understand the many issues and concepts involved where there are instances of domestic violence and to find the best solution for you. At Riebling & Payton, PLLC, we pride ourselves on doing this for our many divorce and family law clients. With offices located in White Plains, NY, and Mount Kisco, NY, we are prepared to meet with clients throughout Westchester County.

Contact us online or call (914) 712-6878 to schedule your free initial consultation.