Long Island Domestic Violence Lawyers

Nothing is more devastating than feeling threatened and unsafe in your own home. Unfortunately, this is something that countless individuals deal with every single day here in New York. That said, it doesn’t have to be this way. There is help available, and you can access it easier than you think. If you’re a domestic violence victim, our skilled and compassionate Long Island family lawyers are here to help you get to safety. Contact Sklavos Law Group, PC for a free consultation today.

How Does New York Define Domestic Violence?

In New York State, domestic violence is defined as a pattern of abusive behavior used by one person to control or harm another in an intimate relationship. This abuse can take many forms, including physical violence, sexual abuse, emotional manipulation, economic control, stalking, and threats. Importantly, New York recognizes that domestic violence is not limited to physical harm—psychological and emotional abuse can be just as damaging and are equally taken into account under the law.

Victims of domestic violence are not limited to spouses or romantic partners. Under New York law, the definition extends to family members, individuals who share a child, current or former intimate partners, and even unrelated individuals who live in the same household. This inclusive definition ensures protection for a wide range of individuals facing abusive behavior.

If you believe you or a loved one may be a victim of domestic violence, it’s important to seek help immediately. Our experienced attorneys are here to explain your rights and guide you through the legal protections available under New York law.

How Can I Get a Restraining Order in New York?

Obtaining a restraining order, also known as an Order of Protection, in New York involves several steps, and a brief outline of the process is as follows:

• File a Petition: Begin by filing a petition with the Family Court or Criminal Court in the county where you live, where the abuser lives, or where the abuse occurred. The petition should detail the acts of domestic violence you’ve experienced.
• Temporary Order of Protection: In urgent situations, the court may issue a Temporary Order of Protection (TOP) on the same day you file your petition. This order provides immediate protection until your full hearing.
• Serve the Abuser: The alleged abuser must be served with the petition and notified of the court hearing. This is typically handled by law enforcement or another authorized party.
• Attend the Hearing: Both you and the alleged abuser will have the opportunity to present evidence and testimony at the hearing. It’s essential to have a knowledgeable attorney by your side to advocate for you.
• Final Order of Protection: If the court finds sufficient evidence of domestic violence, it will issue a Final Order of Protection, which may include provisions such as prohibiting contact, mandating a distance from your residence or workplace, or even requiring the abuser to relinquish firearms.

What if I’m Falsely Accused of Domestic Violence?

Being falsely accused of domestic violence is a devastating experience that can jeopardize your personal and professional life. Unfortunately, such allegations are not unheard of, particularly in contentious divorce or custody disputes. If you find yourself in this situation, it’s critical to act swiftly to protect your reputation and rights.

Our firm understands the gravity of false accusations and is prepared to provide an aggressive defense on your behalf. This may involve gathering evidence to challenge the accuser’s claims, presenting witness testimony, and highlighting inconsistencies in their narrative. In some cases, it may also involve filing a counterclaim for defamation or perjury, depending on the circumstances.

New York law recognizes the harm caused by false accusations. Knowingly making a false report of domestic violence is a serious offense, punishable by criminal charges. Such conduct can result in fines, jail time, or other penalties for the accuser.

At Sklavos Law Group, PC, we are committed to ensuring justice is served. Whether you are a victim of domestic violence or facing false allegations, our attorneys will work tirelessly to protect your rights and pursue the best possible outcome for your case.

Contact Our Long Island Domestic Violence Lawyers

Sklavos Law Group, PC knows how sensitive matters concerning domestic violence can be, which is why you have our pledge to effectively and skillfully handle your case, ensuring your rights are protected. If you need a dedicated team of family lawyers in your corner to handle your domestic violence case, please don’t hesitate to contact us today.