New York laws help victims of domestic violence to escape their circumstances. These laws apply in divorce cases as well. The law can step in and provide certain levels of protection for these victims. A divorce mediation lawyer in Commack, NY could help these victims acquire legal relief from their attackers.
Documenting These Attacks
The legal process for documenting domestic violence is to report these actions to the police. The victim should call law enforcement immediately. The officers arrest the attacker and generate a report of his or her actions. The report assists the victim in acquiring legal protection. If the attacker is their spouse, their divorce attorney may petition the court to acquire a protection order.
Filing a Petition for Protection
A petition for protection is filed by the attorney. The motion must include reports of these attacks and provide clear evidence. A conviction for domestic violence is not required to secure a protection order. These orders are awarded to provide the victim with relief from their attacker. If it was their spouse, the order could also protect their children against abuse.
Reporting Violations of the Court Order
At any time that the protection order is violated, the victim should contact law enforcement as this generates new records of these violent acts. These records are used in the divorce case to prove domestic violence or inhumane treatment was present during the marriage. Any violation of the court order is an additional criminal infraction and charges are filed.
Protection After the Divorce
In cases where the former spouse continues to pose a threat, the court extends the terms of the protection order. The order restricts the former spouse from visiting locations in which the victim may visit or live. If they were violent toward the children, they could not have visitation without an officer of the court present.
New York laws prevent continued acts of domestic violence. In marriage, the laws protect the victim and allow them to file a divorce petition based on inhumane treatment. Victims of these heinous crimes should hire a divorce mediation lawyer in Commack, NY. Get more information about these proceedings now.