Domestic violence is a serious problem that affects individuals and families in New York and around the world. Domestic violence can take many forms, including physical, emotional, and psychological abuse. In New York, there are laws in place to protect victims of domestic violence. In this blog post, we will explore the different laws in New York that protect victims of domestic violence.
Definition of Domestic Violence
Domestic violence refers to any pattern of behavior used by one partner to gain and maintain power and control over another partner in an intimate relationship. Domestic violence can include physical, sexual, emotional, economic, and psychological abuse. It can happen to anyone regardless of their gender, age, race, or sexual orientation.
The New York State Law
New York State has enacted laws to protect victims of domestic violence. The law defines domestic violence as any behavior that causes physical or emotional harm to a person in an intimate relationship. The law provides for a wide range of remedies for victims, including orders of protection, which can require the abuser to stay away from the victim and refrain from any contact with them.
Orders of Protection
Orders of protection are legal orders that require a person to stop harassing, abusing, or threatening another person. Orders of protection can be temporary or permanent and can be issued by a judge in a criminal or family court proceeding. These orders can be tailored to meet the specific needs of the victim and can prohibit the abuser from contacting the victim or coming within a certain distance of them.
If an abuser violates an order of protection, they can face criminal charges. Violating an order of protection is a crime in New York State and can result in fines, imprisonment, or both.
Criminal Charges
In New York State, domestic violence is considered a crime. If an abuser is arrested for domestic violence, they can be charged with a variety of crimes, including assault, harassment, stalking, and menacing. If convicted, they can face fines, imprisonment, or both.
The victim of domestic violence does not need to press charges for the abuser to be prosecuted. In New York State, prosecutors can bring charges against an abuser even if the victim does not want to press charges.
Victim Support
Victims of domestic violence in New York State have access to a wide range of support services, including shelters, counseling, and legal assistance. The New York State Office for the Prevention of Domestic Violence (OPDV) provides a toll-free hotline that victims can call for help and support.
Domestic violence is a serious problem that affects many individuals and families in New York State. The law in New York provides for a range of remedies for victims of domestic violence, including orders of protection, criminal charges, and victim support services. If you or someone you know is a victim of domestic violence, it is important to seek help and support as soon as possible.
In addition to the laws and support services mentioned above, New York also has other legal protections for victims of domestic violence. For example, victims can seek a temporary or permanent order of custody or visitation as part of a family court proceeding. This can be especially important if the abuser is also the parent of the victim’s children.
New York State also has laws that prohibit employment discrimination against victims of domestic violence. Employers are not allowed to discriminate against employees who are victims of domestic violence or require them to disclose their status as a victim. Employers are also required to make reasonable accommodations for employees who are victims of domestic violence, such as changing their work schedule or providing a safe workplace.
It is important to note that domestic violence is a complex issue, and victims may face unique challenges and barriers to seeking help and protection. This is especially true for marginalized communities, such as immigrants, people with disabilities, and members of the LGBTQ+ community. New York State recognizes the importance of addressing these issues and has programs and services in place to support victims from all backgrounds.
Domestic violence is a serious problem that requires a comprehensive and coordinated response from the legal system, support services, and society as a whole. In New York State, there are laws and services in place to protect victims of domestic violence and hold abusers accountable for their actions. If you or someone you know is a victim of domestic violence, it is important to seek help and support as soon as possible. Together, we can work towards ending domestic violence in New York and beyond.
As a law firm, we understand the serious nature of domestic violence cases in New York and the importance of providing victims with the legal protection and support they need. At Jean M. Mahserjian, Esq., P.C, we have extensive experience in handling domestic violence cases and are committed to helping victims obtain the protection they need and deserve.
We can work with victims to obtain orders of protection from the court, represent them in court proceedings, and provide legal advice and support throughout the process. We can also connect victims with support services, such as shelters and counseling, and advocate for their rights and interests.
If you or someone you know is a victim of domestic violence, we encourage you to reach out to our firm for help and support. We are here to provide the guidance and resources needed to protect victims and hold abusers accountable for their actions. Together, we can work towards ending domestic violence in New York and ensuring that victims are able to live their lives free from fear and harm.
