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Why It Is Important to Hire a Family Violence Lawyer
Posted: Mar 21, 2023
If you or a loved one has been accused of domestic violence, it's essential to recognize that both your future and reputation are at stake. Furthermore, having an experienced Stamford domestic violence attorney who will fight on your behalf is key in protecting those rights.
Albany Law School's Family Violence Litigation Clinic provides civil legal support to survivors of domestic violence. Through collaboration with victim-serving organizations, the Clinic ensures that survivors receive adequate representation in family court.Orders of Protection
An Order of Protection is a legal tool used to shield people from those who would harm them, such as domestic violence and/or criminal abuse. This could include instances of both types of abuse.
There are several ways to obtain an Order of Protection. Filing a Family Offense Petition in Family Court is one option.
Another option is to file for an Order of Protection in the Criminal Courts. This requires police to arrest the individual who is abusing you and take them to court.
A lawyer can assist you with obtaining an Order of Protection and making sure all necessary paperwork is filed. They also possess the expertise to gather evidence and present it to the court.
Orders of protection can range from emergency restraining orders to final permanent orders. Furthermore, the Court maintains a computerized registry for all Orders of Protection issued.Criminal Charges
When domestic violence situations reach the point of arrest, criminal charges may be filed. These can range from misdemeanor to felony offenses.
According to the severity of your charges, you could face jail time (up to one year for misdemeanors and life for felonies), probation, mandatory counseling, community service projects and an order of protection that prevents you from communicating with your children while the case is pending.
Many domestic violence cases stem from a failing family relationship or ongoing child custody disputes. If you are facing charges of domestic violence, it's essential that you secure legal counsel immediately.
A family violence attorney can guide you through the court system and guarantee your rights are upheld throughout every step. In some cases, resolution may even be possible without going to trial, giving you peace of mind and certainty in the outcome that you desire.Representation in Family Court
When a victim of domestic violence seeks justice in family court, it's essential that they consult an experienced lawyer who understands how to manage such cases. A family violence attorney can help craft an effective argument that prioritizes your safety and the wellbeing of your children over any retribution from the abuser.
Unfortunately, New York's family courts lack a system in place that adequately safeguards victims of family violence like it does with criminal cases.
This highlights a key distinction between family court and criminal court: in family court, accusations made by victims carry no more weight than one individual's opinion; while in criminal court, those accused already face the full weight of the state's authority bearing down on them.Representation in Criminal Court
When facing serious felony and misdemeanor charges, having a family violence lawyer on your side is essential for fighting the case. These types of matters can have long-term repercussions that affect your job, professional license and access to your children.
Due to their intimate nature, these cases tend to attract special attention from judges and prosecutors. Therefore, handling them without assistance from an experienced criminal defense attorney can prove particularly challenging.
New York City and other prosecutors throughout the state handle a range of arrests, investigations and charges that involve familial crimes or offenses between people in intimate relationships. These cases often involve serious assault, harassment and endangering the welfare of a child.
Defense lawyers often offer their client as a witness to the prosecution before charges are filed, which may lead to a reduced charge or plea bargain before trial. On the other hand, making representations can backfire when there is strong evidence incriminating and the suspect does not wish to cooperate.
About the Author
Een Springkussen huren in het noord van Holland is een verfrissende onderbreking van de binnenspelen voor kinderen, waar fysiek niet veel te doen is.
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