The state of New York provides legal protections for anyone who may be the victim of domestic violence. The criminal courts in New York have concurrent jurisdiction with the family courts when it comes to domestic violence. This means it is possible for a person to bring criminal charges in the criminal court and at the same time bring civil charges in a family court. Both courts can be used by victims to obtain an order of protection.
This is known as battery, as well as physical assault, that is both intentional and willful. It could also be sexual assault or any other type of abusive behavior. This is behavior that follows a systematic pattern and is motivated by a desire to have control and power over an intimate partner. This can also apply to emotional abuse as well as psychological violence. The seriousness and frequency of domestic violence can be very different from one situation to another. The one thing that is always the same is one partner’s regular efforts to control and have power over the other.
In the state of New York, there are certain criteria a relationship must meet before an incident is classified as domestic violence. It could be two people who are related to one another by marriage or blood. It could be two people who are currently involved or have been involved in an intimate relationship. It does not matter if these people have ever lived in the same residence. Current and former spouses. It also applies to individuals who are co-parents of a child. This situation does not require the parents to have ever been united in a legal marriage or have shared a residence.
New York provides a number of different penalties when people are found guilty of domestic violence. Should an individual be found guilty of violent a felony such as first-degree assault, they could be sentenced up to 25 years in jail. They could be fined up to $5,000. In the state of New York, first degree-strangulation is also a violent felony offense. If a person is found guilty of this offense, they could spend up to 15 years in prison or given a fine of up to $5,000. If someone is found guilty of criminal obstruction of breathing, third-degree assault as well as second-degree menacing it is a class A misdemeanor. Punishment for these offenses includes less than twelve months in jail or a fine of $1,000.
Order Of Protection
When a person is charged with domestic violence, a court can issue an order of protection. An order of protection can be issued during a family court proceeding, even if the offender hasn’t been arrested. A victim will be asked questions by a judge. If the judge determines a situation needs one, an order of protection will be issued. This order will require a defendant to stay away from the home, workplace, school of the victim and witness. It could require a defendant to permit designated individual to enter their home and remove specific belongings. It will make a defendant prohibited from committing criminal acts against family members and more.
An attorney can help get a protection order in place for a victim of domestic violence. They can file a domestic violence lawsuit. This enables a victim to get compensation for medical expenses, financial loss as well as pain and suffering. They are able to help victims file for divorce if necessary. It is also possible for an attorney to help a victim get custody of children as well as the necessary amount of child support from the other parent and more.
An attorney could also help someone who has been falsely accused of domestic violence. They will know how to gather the facts of a case and properly present them in court. It could be a case of self-defense, a result of mental disease and defect as well as an alleged victim making provable false claims and more.