EXPERIENCED & COMPASSIONATE LEGAL GUIDANCE
MANHATTAN DOMESTIC VIOLENCE LAWYER
SECURE A TEMPORARY ORDER OF PROTECTION IN NEW YORK - (646) 787-1433
No one should have to live with violence or intimidation in their own home. If you or a loved one is a victim of any form of domestic abuse, an order of protection may be able to provide the practical relief you need to protect your family and move forward.
Our team at Roven Law Group, P.C. has over 35 years of experience in the legal field. If you are in a dangerous situation, our domestic violence team can help you efficiently secure a Temporary Order of Protection that will provide immediate relief. You will work directly with our Manhattan domestic violence attorneys, and we will continue to represent you throughout the ensuing court processes.
Issues of domestic violence are taken extremely seriously in New York state. We will work to protect your interests and deliver the best possible outcome.
HOW DO NEW YORK RESTRAINING ORDERS WORK?
In New York, orders of protection are often referred to as “restraining orders.” It may be necessary to seek a restraining order from the applicable civil or criminal court if you become subject to violence or intimidation at the hands of your current or former spouse. (Restraining orders can potentially also protect you from a current or ex-partner, the parent of your child, or any other family member.)
URGENT PROTECTION FROM ABUSERS
If you are in immediate danger and are forced to call the police, you may be able to obtain a Temporary Order of Protection that takes effect immediately. Your spouse or ex-spouse will likely be required to maintain a specified distance from you and your children. If you are currently living together, they may need to move out, even if they pay rent or their name is on the property’s title documents.
The order may also prohibit your current or ex-spouse from contacting you until the matter is resolved. Temporary restraining orders will generally remain enforceable until the matter has been adjudicated in court.
TEMPORARY RESTRAINING ORDERS
This issuance of a temporary restraining order will trigger a hearing. A judge will review the facts of the case and decide whether an ongoing order of protection is necessary. The specific terms of each restraining order will vary, and, depending on the nature and severity of the incident or incidents, criminal charges may be concurrently filed.
Our Manhattan domestic violence attorneys can represent you in this hearing and advocate for an order of protection that is in the best interests of your family. Because the courts are concerned about preventing domestic violence, an abusive spouse’s actions will come back to haunt them in a number of other family law proceedings.
The court takes a history of domestic violence into account when it considers:
HOW DOMESTIC VIOLENCE & ORDERS OF PROTECTION IMPACT THE DIVORCE PROCESS
CAN DOMESTIC ABUSERS RETAIN CUSTODY?
A parent with a record of domestic violence is unlikely to win sole physical custody of their child or children. In fact, they may have trouble gaining any level of joint physical custody. If your ex-spouse was abusive and you retain full physical custody, they may still be able to obtain visitation rights. In these instances, you can request that all visits be supervised.
DO ABUSIVE SPOUSES GET THE SAME DIVORCE SETTLEMENT?
An abusive spouse may also receive fewer assets as part of the equitable distribution process. A judge may decide that a battered spouse should receive a greater share of assets to account for harm suffered, especially if the domestic violence prevented them from realizing their earning capacity during the marriage. Depending on each parent’s income, an abusive spouse may also be obligated to pay more in spousal and child support.
Our Manhattan domestic violence lawyers understand the difficulty of the moment you are experiencing, and our entire team is here for you. If you or your child have been subjected to domestic violence or abuse, we can work to secure a favorable divorce settlement that will provide the resources you need to move on.
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