Domestic Violence and Divorce in New York

Domestic Violence and Divorce in New York

Westchester County Divorce Attorney

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 victim to 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.

Orders of Protection: How long do they last?

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 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.

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.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
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    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...
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