Whether you have been mistreated or have been accused of abuse, any domestic violence situation requires prompt action. Find a lawyer who has the legal expertise to respond quickly and appropriately to prevent further damage.
Our domestic abuse attorneys at The Law Offices of Benjamin Greenwald have years of combined expertise in the family law courts of New York State. To learn more about our experience managing domestic abuse cases, call or email our family law attorneys today to book a discreet consultation.
Charged with Abuse? Know Your Legal Alternatives
It can be easy to forget that you have rights that must be respected if you are accused of abuse. You may have already been served with a protective order at this point; obey it to the letter. Protection orders and temporary protection orders can last up to 5 years. In addition to severely harming your career chances, disobeying these directives might result in serious criminal penalties.
In Orange County, our domestic violence lawyers can defend you against family offense petitions. We can also defend against county-filed allegations of abuse and/or neglect.
When a Spouse Attempts to Terminate a Marriage Due to Domestic Violence
New York was among the final states to allow no-fault divorces. In New York, either spouse may terminate a marriage on the basis of marital misconduct. Domestic abuse is one of the most severe reasons why a spouse may wish to dissolve a marriage for fault.
When one spouse accuses the other of physical, verbal, psychological, or sexual abuse, they force the court to evaluate a trait of their character that almost excludes them from gaining custody or visitation rights to their children. Although the spouse alleging abuse must prove their charges in court, the burden of proof is lower than in a criminal prosecution. A judge can reach a conclusion based on the weight of the evidence. In situations where the abuse is documented by hospital visits or police records, the spouse accused of abuse is in a highly precarious position.
Even if the other spouse has not been convicted of a crime, a spouse who has been the victim of abuse may utilize hospital records and police reports to their advantage in court.
What impact does domestic violence have on custody disputes?
If you and your spouse cannot agree on a custody arrangement, the matter will be decided by a judge. Even when a couple agrees on a custody arrangement, a judge may rule that the plan is not in the children’s best interests. In essence, the best interests of the children will be the court’s single most essential consideration.
While courts do not require judges to consider a list of essential considerations when determining custody, judges are required by law to consider the occurrence of domestic violence. In addition to home violence against former partners or their children, the court will also consider various types of violence against the spouse.
Under New York State law, domestic violence has a particular definition, and the party alleging abuse must be aware of it. While there is a lengthy number of crimes that can be used to establish a family violence claim, the person against whom the domestic abuse order is issued must have victimized a person by committing one of the following:
• Whom they are related by blood,
• With whom they are married,
• With whom they have a child, or
• With whom they share an intimate relationship.
A knowledgeable attorney in Orange County could evaluate a client’s domestic violence case and determine how it might affect their child custody arrangement.
Consult with Skilled Attorneys for Domestic Violence
If you have been accused or convicted of domestic abuse in court, you must be aware that this will negatively affect your child custody status. If you have been mistreated by a prior partner, it is equally vital to realize that this may not prevent your partner from spending time with your children. You need a domestic violence attorney who understands your position and can advocate on your behalf in any scenario.
We can assist you whether you have been mistreated or accused of domestic violence. Our attorneys’ education and experience on both sides of the law provide us with a unique viewpoint on these situations that is lacking among other attorneys. Call our office or fill out our contact form for a consultation.
The Law Office of Benjamin Greenwald is a New York-based criminal defense firm that specializes in domestic violence cases. Domestic violence cases can be complex and sensitive, and our attorneys have the experience and compassion to handle these types of cases with the utmost care. Our attorneys understand the unique challenges that domestic violence victims face, and we are dedicated to securing the best possible outcome for our clients. We offer free initial consultations, so please contact us today to discuss your case. Domestic violence is a serious crime, and our attorneys will work tirelessly to ensure that you receive the justice you deserve.
