Manhattan Domestic Violence Lawyers
In Manhattan, if you are a victim of domestic violence, you have the right to bring this before the court. The criminal courts work with the family courts in New York for these types of cases to make sure that everyone is protected and allows victims to bring criminal charges as well as civil charges before the judge. The reason they work together is that, unfortunately, many times in cases of civil issues, there is also a crime committed where one person harms another. The end goal of both of these avenues is to provide people with protection from domestic violence.
What Is Domestic Violence?
Domestic violence is an intentional act to harm another individual and can come in a variety of different forms. Several examples include sexual assault, physical abuse, or other ways to lord power over another person which extends to emotional abuse as well. Domestic abuse is one of the most popular cases seen in a courtroom, but just about every case is different in nature. The one thing that is the same in all of these cases, however, is that one person in an intimate relationship is abusing another person for personal gain. Sometimes the abuser is seeking financial gain by keeping the other person from spending money or even, in some cases, stealing money from their spouse. All of these situations are highly sticky and very difficult to navigate because of the invested emotions in a relationship.
What Is Considered A Relationship In New York?
For domestic violence to be committed, there has to be an actual relationship that is being affected. To be considered in a relationship, it requires two individuals who are related by marriage or by blood and sometimes extends to be two individuals who are intimately involved with one another. This can be between people who live together, but you do not have to be at the same residence for domestic violence to be committed. Domestic violence extends to current or previous spouses, people who are co-parenting children, boyfriends/girlfriends, etc. The important thing to remember is that you do not have to live at the same location to have a case of domestic violence on your hands and taken before a judge.
What Are The Penalties For Domestic Violence?
In New York, you can be looking at some pretty severe punishments if you are guilty of committing domestic abuse. The fines are upwards of $5,000 or a 25-year sentence to prison. If you are guilty of strangling your significant other, you can be thrown into prison for 15 years and have to pay the same fee of $5,000 in fines. If you are guilty of obstruction of breathing to another individual in the realm of domestic violence, they will have to serve time in jail as well as pay a fine.
How Are Victims Protected In The Future?
When people who commit domestic violence are convicted of this heinous crime, the person on the other end feels a sense of joy and satisfaction that justice was served and that the monster who abused them is going to be locked up for a period of time. Something people might not think about is how they will stay safe from this happening in the future when that person has served their time in jail.
When this happens, you can get an order of protection by going through a process of answering questions from the judge. If the judge deems it necessary for you to have this order of protection, they will issue one for you. The order of protection will protect you or your children from the convicted person at home, their workplace, school, or other public location. This order of protection will keep the criminal from committing further crimes against the family affected by the domestic violence crime in the first place.
Who Can Help Me Through This Situation?
If you find yourself in a domestic violence situation, you can hire a Manhattan Domestic Violence Lawyer to help you through the case and get an order of protection. By filing a domestic abuse lawsuit, they can help you get reimbursement for medical expenses associated with the crime, as well as compensation for other financial losses. In the event of needing a divorce, your Domestic Violence Lawyer can help you file for a divorce and help you through the process. If children are involved in the situation, they can help you end with custody of the kids so you know they are in a safe and healthy environment.
If you are falsely accused of domestic violence, an attorney can help you navigate the process as they are educated in how to gather the proper information to take before the judge.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic