Allegations of domestic violence should always be taken seriously. Whether you are facing these accusations or working to protect your family, you deserve legal representation willing to listen to you and advocate on your behalf.
A skilled family law attorney could provide the tools you need to avoid further abuse and protect your loved ones. When facing accusations of abuse, a seasoned legal professional could protect your rights in Court. A Poughkeepsie domestic violence lawyer at The Colwell Law Group is here to support you.
Under state law, domestic violence can include actual or threatened acts of hostility, harassment, or negligence. To be considered domestic violence, these harmful acts must target a family or household member.
Many people believe that domestic violence only describes violent acts between spouses. Family and household members include a much broader range of individuals. Domestic violence could occur between:
When someone is intentionally harmed by a family member, they should call the police and seek medical attention as soon as possible. However, our family law attorneys understand these allegations lead to complex and sensitive situations. A Poughkeepsie attorney could ensure legal entities properly investigate accusations of domestic violence while supporting those who are affected by these allegations in family law proceedings.
During a divorce, parents must reach an agreement on a custody arrangement. When parents cannot agree, the court must determine custody based on the child’s best interests. One of the most important factors when determining a child’s best interests is if there is any history of domestic abuse. To ensure a child’s safety, the judge will consider acts of domestic violence between spouses as well as toward the minor child when determining where the child will live.
Allegations or a history of domestic abuse outweigh most other factors for a parent seeking custody of their children. A history of violence in the home could even prevent a parent from getting visitation rights. When issues of domestic violence arise in a child custody dispute, it is essential to work with a Poughkeepsie attorney to pursue an outcome that keeps a family safe.
There are legal tools for victims of domestic violence or anyone who fears harm at the hands of a previous partner or household member. One of those tools is an Order of Protection, otherwise known as a restraining Order. These documents require the accused to remain a certain distance away from the person protected by the order. In domestic violence cases involving cohabitation, these Orders require the perpetrator to live elsewhere.
Orders of Protection can be enforced “ex-parte,” which means without a hearing. Shortly after a temporary Order is issued, the court will hold a hearing with all parties to decide whether to extend or terminate the temporary Order. The person with an Order of Protection against them has the right to participate in these hearings. A domestic violence lawyer in Poughkeepsie could explain the process of requesting an Order of Protection and provide legal representation during related proceedings.
When navigating any legal family dispute, your choice of an attorney could make all the difference in determining your future. Allegations of domestic abuse can have a major impact on a child custody agreement, and the right legal representation could ensure that your privacy, rights, and safety are protected throughout Court proceedings.
A Poughkeepsie domestic violence lawyer understands the relevant legal statutes and could help you understand factors that may affect your family law dispute. Call The Colwell Law Group now to schedule a complimentary consultation.
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