Domestic violence is a common occurrence in New York. In 2013, police responded to 284,660 incidents in New York City alone, and another 187,710 incidents in other parts of the state.

Domestic violence applies when a person is the victim of violent acts committed by family members or those in the household who are:

  • Related by blood or marriage.
  • Legally married.
  • Formerly married.
  • In an intimate relationship.
  • Parents of a child in common.

New York passed the Family Protection and Domestic Violence Intervention Act in 1994. This act requires police to consider domestic violence as a serious crime and respond appropriately.


It’s up to you to decide whether or not involving the police is the best thing to do in your situation. The police can help you in many ways. They can help you find a safe place away from the violence. They can assist you with getting any medical care you may need. The police can also provide you with reports so you file a protective order against the abuser. They can also inform you of your legal options.

If the police come to your home, they may make an arrest and charge the abuser with various family offenses, even if you don’t want the person to be arrested. If you are hesitant about calling the police because of this, you may want to consider legal help first.

The Herkimer County domestic violence lawyers at The Colwell Law Group understand that this is a delicate aspect of family law. If you choose to contact us for help, we will protect your privacy and keep the matter confidential.

Types of Protective Orders

Victims of domestic abuse have several options for protecting themselves from future abuse. These orders cannot prevent a person from abusing another, but they do allow the victim to have the abuser arrested if he or she does not abide by the order.

When police arrive at a home where there is a domestic dispute resulting in physical violence, the abuser is often asked to leave the home. The police can then give the victim and emergency protection order. This order lasts no longer than seven days, but gives the victim time to obtain a protection order.

A protection order lasts much longer. It typically lasts no longer than five years but in some circumstances can last a lifetime. The victim always has the option to renew the order if he or she is still threatened by the abuser. Protection orders may also protect children and other family members, romantic partners and even pets.

Contact a Herkimer County Domestic Violence Lawyer Today

Domestic violence is a scary situation, and many people live in fear every day because they are caught in a horrible situation. They are afraid to leave the abusive environment because of the possibility of retaliation.

The experienced Herkimer County domestic violence lawyers at The Colwell Law Group can protect you and your family by helping you understand the options available to you. Don’t live in fear any longer. To schedule a consultation, call The Colwell Law Group at (518) 864-0564 or contact us online.

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