Domestic violence is a serious issue that affects millions of people around the world, and unfortunately, it can have a significant impact on child custody cases. In New York, the courts take allegations of domestic violence very seriously and have implemented various laws and regulations to protect victims and their children.
If you’re going through a child custody case in New York and you’re concerned about domestic violence, it’s important to understand how the law works and what you can do to protect yourself and your children.
What is Domestic Violence?
Domestic violence is a pattern of behavior used by one person to gain power and control over another person in a relationship. This can take many different forms, including physical violence, emotional abuse, sexual abuse, and financial abuse.
In New York, domestic violence is a crime, and anyone who is a victim of domestic violence can seek help from the police and the court system. If you’re the victim of domestic violence, you can obtain a temporary restraining order to protect yourself and your children. You can also file for a permanent order of protection, which can prohibit the abuser from contacting you and your children and can also require the abuser to move out of the home.
Child Custody and Domestic Violence
When it comes to child custody, the courts in New York must consider the best interests of the child. This means that they will take into account various factors, including the child’s relationship with each parent, the parent’s ability to provide for the child’s needs, and any special needs the child may have.
In cases where domestic violence is alleged, the courts will take this into consideration when making a custody decision. The courts will look at the nature and severity of the abuse, as well as any history of abuse or violence in the relationship. If the court finds that one parent has a history of domestic violence, they may be more likely to award custody to the other parent or to limit the abusive parent’s visitation rights.
If you’re going through a child custody case and you’re concerned about domestic violence, it’s important to speak with an experienced family law attorney. Your attorney can help you understand your rights and can help you take steps to protect yourself and your children. They can also help you gather evidence of domestic violence, such as police reports, medical records, and witness statements.
Protecting Yourself and Your Children
If you’re the victim of domestic violence, it’s important to take steps to protect yourself and your children. This may include obtaining a temporary restraining order or a permanent order of protection, seeking help from a domestic violence shelter or support group, and speaking with an attorney.
You should also take steps to document any incidents of domestic violence, such as taking photos of any injuries or damage to your property and keeping a journal of any abusive behavior. This can help you build a case if you need to go to court.
In addition to seeking legal help, there are several organizations in New York that can provide support and resources to victims of domestic violence. The New York State Office for the Prevention of Domestic Violence (OPDV) provides information and resources for victims of domestic violence, including a 24-hour hotline that you can call for help. There are also many non-profit organizations that provide shelter, counseling, and other services to victims of domestic violence.
If you’re concerned about the safety of yourself or your children, it’s important to create a safety plan. This may include identifying a safe place to go, such as a friend or family member’s home or a domestic violence shelter, and keeping important documents, such as your ID, passport, and custody papers, in a safe place where the abuser cannot access them.
It’s important to remember that domestic violence is never the victim’s fault, and there is help available. If you’re in an abusive relationship, it’s important to seek help as soon as possible. You don’t have to go through this alone.
Domestic violence is a serious issue that can have a significant impact on child custody cases. In New York, the courts take allegations of domestic violence very seriously and have implemented various laws and regulations to protect victims and their children. If you’re going through a child custody case and you’re concerned about domestic violence, it’s important to speak with an experienced family law attorney who can help you understand your rights and take steps to protect yourself and your children. There are also many organizations in New York that provide support and resources to victims of domestic violence. Remember, domestic violence is never the victim’s fault, and there is help available.
As a law firm specializing in family law, including domestic violence and child custody cases in New York, we can provide valuable assistance to individuals who are going through a child custody case that involves domestic violence.
At Jean M. Mahserjian, Esq., P.C., we offer legal advice to help you understand your legal rights and options. We can represent you in court and argue on your behalf while presenting evidence to the court to support your case. Our attorneys can also help you gather and organize documentation to support your case and create a safety plan to ensure your and your children’s safety.
We also offer mediation and negotiation services to help you resolve your case peacefully and in the best interests of you and your children. Our attorneys can refer you to support services, such as domestic violence shelters and counseling services, to help you and your children stay safe and recover from any trauma.
We are committed to providing comprehensive legal services and support to individuals who are going through a child custody case that involves domestic violence in New York. We strive to ensure that our clients understand their legal rights and options and work towards a resolution that is in the best interests of themselves and their children.
