Why You Should Consult With A Family Violence Lawyer

If you have been the victim of domestic violence or have been accused of family abuse, consulting with a family violence attorney is recommended. They can assist you through all stages of your case and ensure that all rights are upheld.

Domestic violence charges can have a far-reaching impact on your life, which is why it is essential to consult with an experienced Stamford family violence lawyer right away.
Child Custody and Visitation

If you have been the victim of domestic violence or are concerned about your partner's violence towards your child, do not hesitate to reach out to a family violence attorney right away. Courts will likely take into account any abuse committed against either parent when making their custody and visitation determination.

If a child's other parent is abusive, the court can order supervised visits in which both adults and child are placed in an approved location with a third-party supervisor. These supervised visits can last anywhere from a few hours to days, overnights or weekends.

The judge will consider the effects of domestic violence on children, how it impacts non-abusing parents and whether there are sexual, physical or emotional layers to it. Furthermore, they may take into account other relevant factors when making their custody and visitation decision, such as any history of violence in the relationship.
Restraining Orders

Restraining orders, also referred to as abuse prevention orders, are legal methods for victims of family violence to ask the court to stop further acts of harm. Judges typically grant these when there is a preponderance of evidence that someone has committed some form of domestic abuse or injury threats against another party.

If a restraining order is granted, it typically remains in place until a hearing before the judge. At this hearing, the alleged victim (known as "plaintiff" in court papers) explains to the judge why they believe such action is necessary.

If the restraining order is violated, it can lead to misdemeanor or felony criminal charges and punishment. Violators face up to one year in county jail, probation and $1,000 in fines for the first violation; any subsequent offenses within seven years of the initial charge can be charged as felonies.
Criminal Charges

It could also affect your employment opportunities, property rights, housing situation, as well as custody or visitation rights for children.

If you have been charged with a crime involving family violence, it is essential that you consult an experienced family violence attorney immediately. They can help craft an effective defense strategy and conduct an investigation into the allegations made against you.

Domestic violence encompasses assault, stalking, rape and sexual abuse - crimes which can occur between family or household members, sexual partners or those who share biological parenthood.

Family violence in New York is a criminal offense with the same maximum penalties as other offenses. Three or more convictions within 10 years will elevate it to a Class 6 felony charge and carry up to five years of prison.
Modifications of Custody and Visitation

If your current custody order is no longer serving the best interests of your children, you can petition the court for modification. The judge will consider why your current arrangement isn't working and work to create a better schedule that puts their needs first.

For instance, if one parent consistently violates the order, something needs to change. It isn't beneficial for your children if you must keep rescheduling their visitation due to their behavior.

Similarly, if one parent has been convicted of domestic violence or committed other acts of family violence, it may be necessary to revoke their visitation or custody rights. These are the most serious reasons for a court to alter a child's custody and visitation order.