Domestic Violence Laws in New York

Domestic violence is a very serious problem that plagues the lives of many people. The state of New York is aggressive in protecting those victims and helping them regain their lives back from their abusers. The state created The Family Protection and Domestic Violence Intervention Act in 1994 to become proactive in providing protection for victims. It called for more law enforcement and criminal justice intervention. Under this act, victims can protect themselves with immediate legal action that can hold abusers responsible for their actions. Victims can be anyone in a domestic relationship. This may be those who are married, separated, divorced, live together, date, or share a child with another person. If you are a victim of domestic abuse, it is crucial to contact an attorney that can guide you to protection.

What is Domestic Violence?

There is not one victim of domestic violence. Sadly, violence can happen to anyone, regardless of their gender, social status, ethnicity, religion, or sexual orientation. While many believe domestic violence is solely physical abuse, this is not true. Domestic abuse can occur in several different forms and it does not always show physical signs. There are many different ways this violence can happen to people. Examples may include:

  • Controlling behavior
  • Terroristic threats
  • Harassment
  • Physical, psychological, emotional, and sexual abuse
  • Stalking
  • Homicide

Orders of Protection

The state of New York works hard to protect their victims and give them the opportunity to get their life back. The state allows the opportunity to receive protection through the right to request an Order of Protection against an abuser. This can be done in a local family or criminal court, as well as in a divorce case. An Order of Protection requires an abuser to stay away from the victim, keep them from their home, and force them to abide by child custody and support orders. It also requires them to give up any firearms they have, as well as bar them from acquiring any new ones.

False Accusations

If a person is accused of domestic violence, they may face very serious consequences. This can include jail time and a criminal record for the rest of their life. Because of this, it is important to not accuse other people of domestic abuse if they are not guilty of the act. Unfortunately, some people do take advantage of New York’s strict laws and falsely accuse others of abuse. This sometimes occurs when one individual wishes to have power or control over another person, such as a divorce case. These accusations can detrimentally impact a person’s reputation and future. It is crucial to speak with an attorney to clear your name if you have been wrongfully accused of domestic violence.

Contact Our Firm

If you have been a victim of domestic violence, or have been falsely accused of domestic violence, contact Peter V. Mandi & Associates, Inc. today.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.