When domestic violence is part of a divorce, there are a number of legal steps that can be taken to protect you and your children. These include obtaining an order of protection, filing for divorce, and getting the advice of a skilled New York family lawyer.
The law in NY recognizes that abuse is a crime and does not allow a spouse to use it as an excuse to keep the marriage going. If you are a victim of domestic violence, you should seek help immediately and take your case seriously.
In NY, it is legal to file for a divorce on the ground of domestic violence and other grounds, such as irreconcilable differences or an irretrievable breakdown of the marriage. You can also use this law if you have been a victim of sexual abuse, if you have been abused by a parent, or if you have been a witness to a violent act by one or both parties in the marriage.
A judge may consider whether there has been domestic violence before determining child custody and visitation arrangements. This can affect what type of parenting schedule you will have, and how much you will spend with your children.
You can also request that a judge order that your abuser stays away from you and your children, either in court or by contacting the police. This order can last for a few months or longer.
If you are a victim of domestic violence, it is important that you get help as soon as possible to obtain an order of protection. This will give you legal security while you work with a skilled NYC domestic violence attorney to get the justice that you deserve.
This can be a very emotional and challenging process. A good attorney can guide you through the process and help make it easier for you.
During a divorce, the court will determine how to split marital assets. It is important to understand that a history of domestic violence can impact how the court distributes property and debt.
It can also lead to an award of alimony to an abused spouse. This type of alimony is not intended to punish the abused spouse, but it is designed to provide financial assistance for the abused person until they have regained their financial independence.
If a victim of domestic violence can show that their finances were negatively affected by the abuse, then the court will consider awarding them alimony to assist them in regaining their independence.
A good lawyer will be able to explain all of your rights and options to you in this difficult situation so that you can move forward with a fresh start.
In many cases, divorce is the only way to get out of an abusive relationship. However, the process can be complicated and emotionally draining for those who are victims of domestic violence. It can also be costly and time-consuming for those who want to file for divorce.
October is designated as “Domestic Violence” month to raise awareness about the high rate of domestic violence in America and how it affects families. But this issue has a darker side, and if you’re falsely accused of abuse in New York, it could have serious ramifications for your future.
As a result, you must protect yourself against these false allegations without delay. The first thing you need to do is find a law firm that specializes in handling criminal cases related to domestic violence.
The legal consequences for an accused person who is falsely accused of domestic violence can be severe, especially in a divorce or custody dispute. In some instances, an accused person may even lose their home and their rights to visitation or custody of their children if the courts decide to grant a protective order against them.
Generally, the standard for proof in a domestic abuse case is a “preponderance of the evidence,” which means that the proponent must prove that it is more likely than not that the abuse occurred. This is the lowest standard of proof in the court system, and it requires a great deal of discretion on the part of the judge.
There are many factors that may contribute to someone making a false accusation of domestic violence, including vindictiveness, manipulation, and fear. It is often the case that people make such claims in order to gain a competitive edge when it comes to a divorce, custody, or other family matter.
A common strategy used by these falsely-accused parties is to file a petition for an order of protection against their former spouse or partner. This will cause the police to enter the couple’s residence to evict the accused party from the property.
This can be an extremely frustrating experience for a defendant, especially when it is a sudden and unexpected event. In addition to losing their freedom, the person who was falsely accused of domestic violence may also have to face the possibility of being prosecuted for perjury if they lie in court during a police investigation.
Regardless of whether the accused was innocent or guilty of the false allegations, he or she must come to the defense of his or her rights and fight against these charges with an experienced attorney.
The best way to do this is to show up in court and present your side of the story in the strongest possible manner. It’s important to keep meticulous records and be prepared for any questioning that you will face during a court hearing about your case.
If you are facing a domestic violence false allegation, it’s essential to work with an experienced legal advocate who understands the law and can help you fight back against these accusations.
The effect of changes to New York’s bail system on domestic violence cases is multifaceted and complex. First, the law prohibits cash bail for most misdemeanors and nonviolent felonies; second, prosecutors are required to release defendants based solely on conditions that ensure their return to court; and third, victims’ rights advocates are concerned that these changes may lead to a worsening of the dangers faced by domestic violence victims during the pretrial period.
A bail is a powerful tool that has been used by judges and prosecutors for decades to keep people in jail before trial, on the basis of public safety. However, this approach has often left the accused open to re-offending and victimization as they attempt to get out of jail.
Under the previous bail regime, judges could consider a defendant’s past criminal history and arrest charges as they set bail. These factors were supposed to be considered in light of the defendant’s flight risk, i.e., that they were likely to be unable or unwilling to come to their court dates, and therefore re-offend.
In light of critiques regarding this “potential dangerousness” factor, New York has recently moved toward a risk-based model for the setting of bail. Despite this change, a significant number of people still spend a substantial amount of time in jail before their trial, even after the reforms are fully implemented.
This has caused many victims’ rights advocates to question whether the changes to New York’s bail system are truly making our community safer and more just. Those advocates are particularly focused on the risk to women and men accused of domestic violence, who face unique issues during their pretrial period.
Nevertheless, the changes to the state’s bail laws have made it much easier for defendants to be released from custody. This has resulted in a significant drop in the average length of time people spend in jail before their trial and, in some cases, a reduction in the average amount they are required to pay to get out.
While this is an important step in the right direction, it does not go far enough to address many of the concerns related to domestic violence cases. One proposal is to incorporate a mandatory cooldown period for persons charged with certain violent domestic violence crimes into the existing pretrial framework.
The New York City Council has also recently enacted legislation that limits a judge’s ability to automatically issue an arrest warrant after a person is released on bond. This change may be effective in reducing a fugitive’s likelihood of re-offending, but it also exacerbates the backlog of prosecutors trying to file arrest warrants for those who have been released on bail. This is a significant problem for both prosecutors and victims, as it has led to a backlog of felony cases that would otherwise have been resolved within the court’s time frame.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060