NYC Domestic Violence Lawyer
Are you a victim of domestic violence? Get immediate protection.
Have you been subjected to domestic abuse? If you are the victim of an assault, either verbal, sexual or through intimidation caused by a spouse, cohabitating partner or a family member, our firm will act immediately to seek protection to stop all forms of domestic violence.
At H. Benjamin Perez & Associates, P.C., we have extensive experience with domestic violence cases, as well as divorce matters and criminal defense cases. We are dedicated to protecting the well-being of our clients.
Potential Punishment for Domestic Violence
Our firm will take immediate legal action, by either filing for orders of protection or a restraining order. This will order the individual who has committed the acts of domestic violence to cease all abuse and end all contact with the victim.
Punishments and repercussions for being convicted of domestic violence include the following:
Defending Victims of False Accusations
Although perpetrators of domestic violence should be denied access to any of their family members who could be abused, there are many cases in which false accusations of domestic violence are made. Our firm has helped clients fight false domestic violence claim, and make every effort to get these issues resolved before they affect child custody, as well as your personal and professional reputation.
How Does Domestic Violence Affect Child Custody?
Child custody decisions are among the most critical and emotionally charged aspects of family law. When domestic violence is a factor in a divorce or separation, the process becomes even more complex. This section explores how domestic violence affects child custody determinations, shedding light on the legal considerations and the welfare of the child.
Primary Consideration: Child's Best Interest:
The primary guiding principle in child custody decisions is the best interest of the child. Courts aim to ensure the child's safety, stability, and overall well-being. When domestic violence is present, it is considered a significant factor that can influence custody arrangements.
- Evidence and Documentation: Courts rely on evidence to determine whether domestic violence has occurred. This evidence may include police reports, medical records, photographs of injuries, witness testimonies, and any documented history of abuse.
- Protective Measures: Courts may order protective measures such as counseling, anger management programs, or substance abuse treatment for the abusive parent before considering any custody arrangement.
- Child's Preferences: Depending on the child's age and maturity, their preferences may be considered in custody decisions. However, these preferences must align with their best interests and not be coerced by either parent.
- Rebuttable Presumption Laws: Some jurisdictions have laws that create a rebuttable presumption against awarding custody to a parent with a history of domestic violence. This means that the abusive parent must demonstrate that they have changed or that they pose no risk to the child to obtain custody.
Get in touch with our family attorneys now!
Whether you are the victim of domestic violence or are falsely accused, it is crucial to hire skilled and aggressive legal representation that will work hard to ensure your rights - as well as your reputation - are protected. Searching for an attorney for your family law case in New York City?
Contact a New York City domestic violence attorney now if you need legal assistance with domestic violence.