Domestic violence is both physically and emotionally devastating, and we fully understand just how hard it is to break the pattern of abuse and go to the authorities. However, if you have been abused or have been accused of abuse, it is time to speak with a knowledgeable lawyer who can help protect you from incurring further damages. The Greene County domestic violence lawyers of The Colwell Group, LLC are experienced in handling cases through family law courts in New York State, and aggressively defend our clients in every way possible. Contact us to learn more about how we can be your advocate through a domestic violence case.
Filing a Petition for an Order of Protection
If you believe that you are in imminent danger, your first step should be calling 911. Additionally, if you are in a place at home where you may be seen right now, or are using a computer that your abuser may see, make sure to delete your computer’s history and/or close out this tab quickly if necessary. Once you are in a safe place, it is time to file a petition in family court for an Order of Protection. Family courts provide protection for you in the form of Orders of Protection, while criminal courts punish the abuser for their actions, such as granting jail or prison time. Working with an attorney is a vital part of any Order for Protection and appearing before the court. An experienced domestic violence attorney will counsel you through the entire process and ensure that you are given the maximal amount of protection available.
How Long Will My Order for Protection Last?
Most family court orders of protection are for up to two years. You can get a five year order of protection if there are “aggravating circumstances,” according to the New York Courts. Aggravating circumstances exist where there is physical injury, the respondent used a weapon or other dangerous instrument against you, there is a history of repeated violations of prior orders of protection, the respondent has been convicted of crimes committed against you in the past, there is exposure of any family or household member to physical injury, or other behaviors exist that pose a danger to you, your family or other household members. For example, if a firearm was used, you may be able to have the Order for Protection lengthened. In 2015, 37 percent of intimate partner homicides were committed with a firearm, which is a drastic increase from the previous year, according to the New York Office for the Prevention of Domestic Violence.
Have you Been Accused?
At The Colwell Law Group, LLC we have experience representing those who have been accused of abuse, too. There are circumstances where relationships get tense and irrational claims of domestic violence are made. If a temporary order of protection has already been filed against you, follow the order exactly as it reads. This will help your case and potentially keep you out of criminal court.
Call a Domestic Violence Attorney Based Out of Greene County Today
Cases of abuse are traumatizing enough without including the complexities of the law. Our vast experience handling cases for both parties means we know what it takes to handle your case in family court as efficiently and painlessly as possible. Contact the Greene County attorneys of The Colwell Law Group, LLC today for help.
Get The Best Outcome For Your Children
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.
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