Saratoga Springs Domestic Violence Lawyer
A home should be a safe place but personal and professional stress often spills over into family violence. Committing violence against a relative or partner, especially a spouse or child, could result in domestic abuse charges. If you were subjected to physical abuse from your spouse, a dedicated family attorney might be able to help get you the protection you need. Let a Saratoga Springs domestic violence lawyer advocate on your behalf.
What Qualifies as Domestic Violence in Saratoga Springs
New York defines domestic violence as any abuse committed against a family member, spouse (or ex-spouse), co-parent, or intimate partner. Family offenses might consist of the following:
- Verbal abuse
- Emotional manipulation and harm
- Physical violence
- Sexual assault or unwanted sexual behavior
- Threats to commit any of the above forms of abuse
Individuals filing domestic violence charges in Saratoga Springs should speak with an attorney about gathering evidence of abuse. Courts typically request specific information about the most recent incident, such as words spoken, areas of physical injury, or weapons used, and evidence of prior incidents of abuse. Any allegations of violence between a parent and child may result in a Child Protective Services (CPS) investigation necessitating legal counsel.
Potential Protections Available After a Family Offense
With the help of a seasoned attorney, survivors of domestic violence may petition for a protective order in the Saratoga Springs family court. Judges will typically issue a temporary protective order and schedule a hearing after a household member reports a family offense. Both parties may then consult with a legal professional and either gather evidence of domestic abuse or prepare a defense to the allegations.
The family judge might enter a permanent protective order consisting of any of the following provisions:
- The respondent cease engaging in certain abusive or harassing behavior, including specific actions such as sending abusive text messages
- The respondent stay away from the plaintiff and their children, including at home, school, and work
- The respondent leave a shared home
- The police help plaintiffs leave the abuser’s household to collect their belongings
- The respondent turn over all firearms
- The respondent pay temporary child support
- A provision extending the term of the order from two to five years if the abuse was severe
Additionally, qualified survivors of domestic violence may request compensation for medical bills and restitution for any damaged property. The court may also order the alleged offender to attend counseling or rehabilitation. A lawyer could help either party discuss the availability and scope of protective orders after domestic abuse incidents.
The Impact of Domestic Violence Allegations on Domestic Relations Proceedings
Family courts generally have jurisdiction over domestic battery charges because of the interplay between family offenses and related domestic disputes. Judges must generally consider family violence, abuse, and negligent allegations during child custody proceedings, divorce litigation, and CPS investigations. When analyzing the best interest of the child, judges must examine any incidents of domestic violence in the household and may appoint a guardian ad litem to investigate child abuse allegations.
The state also permits divorce proceedings on the grounds of abuse under New York Domestic Relations Law § 170-A. Such actions may result in additional awards of spousal support, unequal property distribution, and a denial of child custody to the alleged abuser. An experienced legal professional could discuss every proceeding that might be potentially impacted by a domestic violence conviction in Saratoga Springs.
Consult with a Saratoga Springs Domestic Violence Attorney
An attorney could help you defend against domestic battery allegations arising years after the alleged act, or could help people who have been abused petition for a protective order. Parents may even retain a Saratoga Springs domestic violence lawyer to advocate for them during overzealous CPS investigations and develop a family plan to work through incidents of violence.
Abuse comes in many forms. Whether you suffered from emotional or sexual trauma at the hands of an intimate partner or were accused of violence during child custody proceedings, speak with someone today to learn what options you have.