Understanding Domestic Violence Laws in New York Your Rights and Protections

If you have found yourself searching for help with a domestic violence case, we understand that you may be feeling scared, confused, and unsure about what will happen next. You are not alone. Our firm is here to help guide you through this difficult time with care and attention. We know how important it is to have someone on your side who understands what you are going through and who will fight for the best outcome for you.

Jean M.
Mahserjian, Esq.

Ashley
Mahserjian, Esq.

Taylor J.
Alimari, Esq.

 

Joe
Capisciolti, Esq.

 

What Domestic Violence Means in New York

Domestic violence in New York is not just one kind of crime. It can mean many different things. It includes hurting someone physically, making threats, stalking, harassing, or making someone feel unsafe in their own home. These actions are serious, and New York State has strong laws to protect people from being hurt by someone they know or live with. The law covers people who are married, divorced, living together, have a child together, or are in any kind of close relationship. Police and courts in New York take domestic violence claims very seriously. If you are charged or if you are a victim, it is important to know that the law is there to protect your safety. Understanding what the law says and what your rights are can help you feel more in control during a very stressful time.

How Domestic Violence Cases Are Handled

When someone reports domestic violence in New York, the police can make an arrest without a warrant if they believe a crime has been committed. In many cases, the police must make an arrest even if the victim does not want them to. This is to help keep people safe and to prevent more harm.

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After an arrest, the court process moves quickly. At the first court appearance, a judge may issue an order of protection. This order can make the accused stay away from the victim, leave the shared home, and have no contact at all. Sometimes, even if the victim does not ask for it, the judge will still issue the order because the law says the court must act to protect people. The case can be handled in criminal court, family court, or both. Family court deals with cases where people want protection without asking for criminal charges. Criminal court deals with punishing crimes that were committed. Having a lawyer is very important because these cases can move fast and have serious effects on your life.

Your Rights if You Are the Victim

If you are the victim of domestic violence, you have important rights. You can ask for an order of protection to keep the abuser away from you and your children. You can also ask the court to order the abuser to leave your home even if their name is on the lease or mortgage. You have the right to have a lawyer with you during court hearings. You have the right to be safe when you come to court. Many courts have special rooms where victims can wait without being near the accused person. You can also ask the court for help with child custody, child support, and other family matters if you need it. It is important to know that you do not have to face this alone. There are also many support programs that can help you with housing, counseling, and financial help.

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Your Rights if You Are Accused

If you have been accused of domestic violence, it is very important to know your rights too. You have the right to a lawyer. You have the right to know what you are being charged with. You have the right to a fair trial where the government must prove that you committed the crime. An accusation does not mean you are guilty. You have the chance to tell your side of the story. Sometimes people are wrongly accused out of anger or misunderstanding. A strong legal defense can help protect your future, your job, and your family relationships. In some cases, it may be possible to work out an agreement that protects everyone’s safety without having a full criminal trial. Every case is different, and the right plan depends on the facts of your case.

Possible Outcomes in Domestic Violence Cases

The outcome of a domestic violence case can depend on many things, including how serious the accusations are, whether anyone was hurt, whether there were past accusations, and what evidence there is. Sometimes a case can end with a dismissal if there is not enough proof. Sometimes a person may agree to take classes or go to counseling instead of going to jail. Other times, there can be a trial where a judge or jury decides what will happen. If the case ends with a conviction, the penalties can include jail time, probation, fines, and a permanent criminal record. A conviction can also affect child custody cases and your ability to have certain jobs. Because there is so much at stake, it is very important to have a legal team that knows how to build a strong case, whether you are the one seeking protection or the one defending yourself.

Orders of Protection and What They Mean

An order of protection is a court order that says one person must stay away from another person. It can include rules like not coming to the person’s home, job, or school, not calling or texting them, and not sending messages through other people. Orders of protection are serious. If someone breaks the order, they can be arrested and face even more criminal charges. If you are the one who needs protection, an order can help you feel safer. If you are the one accused, it is very important to follow every rule in the order, even if you believe it is unfair. Breaking the order will only make things harder for you in court.

How to Get Help Right Now

If you are dealing with domestic violence, it can feel overwhelming. Whether you need protection or need to defend yourself against charges, acting fast is important. Keeping a record of what happened, saving any messages or evidence, and finding a good lawyer are the first steps. Going through the legal system can be scary, but you do not have to do it alone. A caring legal team can explain each step to you and stand by your side.

Why Legal Help Matters So Much

Having a lawyer helps you understand the process, make smart choices, and protect your rights. A good lawyer can talk to the judge for you, help you get important documents, and build a strong case to support your side of the story. Every case is different. Maybe you need an order of protection right away. Maybe you need someone to fight for you against false accusations. Maybe you just need someone to answer your questions and help you feel safe again. The right legal team can make all the difference in reaching the best result for you.

We Are Ready to Help You

At Mahserjian & Mahserjian-Ortiz PLLC, we are ready to help you during this hard time. We know how much your case matters to you. We will listen to you, answer your questions, and stand up for your rights. Whether you are seeking protection or defending yourself, we will work hard for the best outcome. Call us today to talk about your case. The sooner we start working together, the sooner you can start feeling stronger and more in control.

To learn more about this subject click here: Domestic Violence and Child Custody in New York