In New York, domestic violence is defined as an assault against a member of the same household. In divorce cases, it involves a spouse of the child. Under state laws, the state can take measures to protect the victim. An attorney helps the victim of domestic violence in Nassau County file for divorce quickly.
Reporting Domestic Violence
The first step for the victim is to contact the police and file a report. They should call law enforcement when the assault occurs, if possible, so as to give them the authority to take their attacker into custody immediately. The police complete a report based on the victim’s testimony and they may acquire photographic evidence of the victim’s injuries.
The Acquisition of the Protection Order
The attorney helps the victim acquire a protection order that details provisions in which the defendant must follow. The most common is zero contact between the defendant and the victim. This includes telephone communications, electronic messages, and physical contact. It may also include terms related to child visitation.
How Are Violations of the Protection Order Managed?
Any violations of the protection order is a criminal offense. The defendant is charged according to the infraction they commit. Severe infractions could have some impact on certain aspects of the divorce case. The violent nature of any violation could lead to a continuation of supervised visitation. It may also require an extension of the protection order after the divorce is final.
Effects of Domestic Violence in Divorce Proceedings
In extreme cases, the victim may be relocated in order to prevent their attacker from injuring them fatally. The defendant isn’t informed of the victim’s new location when these circumstances apply. In these cases, their parental rights could be terminated as well.
In New York, domestic violence may become an issue in divorce cases. These circumstances warrant the need for additional protection for the victim, and may also require certain provisions to protect the victim’s children. This could include supervised visitations. Victims of domestic violence in Nassau County should hire a divorce attorney or contact us for more information today.
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