How to Protect Yourself From Domestic Violence in New York State

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If you have recently been involved in an incident of domestic violence, you are most likely confused, upset, angry, and astonished that the person you love could do something so evil, and so unlike the person you first fell in love with. This is how you should feel, because your gut is telling you that something clearly is not right. The first, and perhaps most important thing you should do is acknowledge this gut feeling and embrace it–do not dismiss it. Doing so will only open you up to more of these horrendous acts of violence in the future. No apology can fix an act of domestic violence–these people are deeply insecure, manipulative, and insensitive, though they will do anything in their power to make you believe it isn’t so. Once you recognize that there is no future between you and your offender, you may feel unsure of where to go from there. If this is where you are in the process, please read on. Here are some of the questions you may have:

What will the court recognize as domestic violence?

Domestic violence comes in many forms, however, it is almost always easy to identify. The following is a list of behaviors that New York courts will generally recognize as domestic abuse:

  • Psychological abuse
  • Terroristic threats
  • Isolation
  • Sexual abuse
  • Physical abuse
  • Emotional abuse or controlling behavior

What do I do if I am a victim of domestic abuse?

The first thing you must do is to report the incident to the authorities. From there, you can request a Temporary Restraining Order to be filed against your offender. You may do so with the local police or your local court. Filing a TRO will require your offender to observe the following provisions. He or she must:

  • Have no communication with you or your children
  • Leave your home
  • Surrender any firearms
  • Follow other court orders, including child support and custody

Soon after, you will attend a Final Restraining Order hearing, where your TRO will most likely be made permanent. From here, you can choose whether to file a Criminal Complaint to hold your abuser accountable for criminal activity. Victims of domestic abuse should not be afraid to come forward. People of all races, genders, ages, and sexual orientations are victims of domestic abuse. You are not alone, and should, therefore, be unafraid to tell someone. It will only help your situation. Do not let someone with bad intentions take control of your life. If you wish to speak with someone who is understanding and willing to listen, the National Domestic Abuse Hotline is 1-800-799-7233.

Contact our compassionate Long Island firm

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.

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