MARYAM JAHEDI LAW FIRM P.C.
Criminal, Divorce & Family law Attorneys
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Serving Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We are ready to fight for your rights.
Domestic Violence
Serving Manhattan, The Bronx, Brooklyn, Queens & Staten Island.
New York City Domestic Violence Lawyer
Domestic violence is a tragedy that is far too common in our society. There is legal recourse for spouses who want to protect themselves and their children. A New York City domestic violence lawyer from Maryam Jahedi Law Firm P.C. is here to provide counsel that is competent, diligent, and compassionate.
When you or someone you love is suffering from domestic violence, it’s imperative to get yourself into a safe situation. Call the National Domestic Violence Hotline at 1-800-799-SAFE today. Then reach out for legal help on a restraining order.
What Is Domestic Violence?
IAssault and battery is a crime regardless of who the victim is. But what separates domestic violence is that the abuser has a personal relationship with the victim. In the State of New York, that starts with a spouse. A former spouse can also be the victim of domestic violence. The same goes for any current or former intimate partner. A blood relative is another possible victim.
It is worth noting that it’s not necessary for a person to live under the same roof as the victim for domestic violence remedies and consequences to apply. Ex-spouses or former intimate partners do not typically live in the same house.
Furthermore, it must be pointed out that domestic violence is not restricted to physically striking the victim. The legal definition of assault is often misunderstood. Assault–in any circumstance does not require an actual physical attack. It is only necessary that the victim had a credible and reasonable fear of physical injury. If such an assault occurs within the context of the relationships described above, it is domestic violence.
Getting a Restraining Order in New York
IA New York City domestic violence lawyer can get a restraining order in two phases. The first phase is called temporary ex parte. The phrase “ex parte” comes from the fact that only the testimony of the victim is required. However, the fact that the abuser has not yet had a chance to speak for themselves in court means that the order is only temporary. It will typically last until a formal court hearing is held.
At the court hearing, evidence must be presented in support of the domestic violence charge and the need for a restraining order. Physical injuries that are visible certainly qualify and can be demonstrated with cellphone pictures. Witness testimony can be heard, as can the testimony of any police officers who might have been called to the scene.
A judge can then issue a final order of protection, which typically lasts for two years, although it can go as long as five years. The decision on whether to prosecute the abuser on criminal charges lies with the District Attorney.
Protections a Restraining Order Gives
IA judge will define the parameters of a restraining order. An abuser is often given a perimeter of distance to maintain from the victim at all times. The order can further bar phone calls, text messages, or other electronic means of contact. If the abuser has a genuine need to contact the victim, they may be instructed to use a third party.
It is further possible, depending on the severity of the charge and the prior record of the abuser, that a judge may order any firearms be removed from the abuser’s possession and their licenses to carry firearms suspended.
Consequences for Violating a Restraining Order
A restraining order is an official order from the State of New York, so any violation of its terms can be considered contempt of court. Contempt charges can include fines as high as $5,000 and jail for as long as four years. This is to say nothing of further charges for any other crimes that might be committed in the course of violating the restraining order.
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