Domestic violence is a serious threat not just to your safety but to the safety of your children. Never let anyone compromise your safety in a marriage or during a divorce. New York State has Orders of Protection that can help and safeguard you when you’re at your most vulnerable. If you or your children are the victims of abuse or violence, please contact Stephanie. She is compassionate and cares for your safety. She will fight aggressively on your behalf to see no harm comes to you or your children.

A history or even an allegation of neglect or abuse is taken seriously by the court. A spouse who alleges that there is a history of domestic violence or abuse must prove so. Courts rely on the preponderance of evidence which means that the spouse who alleges that there is abuse or violence must convince the judge that the incidents are more likely true than not.

Child Custody and Domestic Violence
Courts always base their custody decisions on what is best for the child. Courts will never ever place a child at risk or in danger. Courts consider several factors like that wants of the child, criminal history of one or both parents, relationship between the parents and child, parents’ ability to care for the child, and the parents’ desire to see the best interests of their child above their own. Courts may grant visitation rights that are supervised or limited.

Types of Abuse
New York State defines domestic violence as one person doing a variety of things to control another person in an intimate relationship. Not all abuse is physical. Other types of violence or abuse can include:

• emotional abuse
• sexual abuse
• psychological abuse
• economic abuse

Order of Protection
An order of protection is issued by the court when one party fears for his or her safety or the safety of children. An order of protection can forbid the abuser from engaging in certain behavior. For example, an order of protection can forbid the abuser from having any contact with the victim. This means that the abuser cannot go to the victim’s home, workplace, or school, or contact the victim via email, social media, phone, text message or any other electronic means. An order of protection can also require the abuser not to assault, threaten, harass, or stalk a victim. Courts will issue the order of protection based on the severity of the abuse or violence.