Queens, New York Domestic Violence Lawyers

Domestic Violence & Legal Charges in New York

Domestic violence can occur in various forms, each with serious implications for the safety and well-being of victims. Understanding the different types of domestic violence is critical for recognizing abuse and taking appropriate legal action to protect yourself and your children. Law Offices of Andreas Vasilatos is committed to providing comprehensive legal support to keep you safe and to secure justice. 

Criminal charges can be attached to various types of domestic violence, such as: 

• Physical abuse: Involves the use of physical force that causes bodily harm, pain, or injury. This can include hitting, slapping, punching, choking, or using weapons. 
• Emotional and psychological abuse: These abuses involve actions that harm an individual’s emotional well-being, such as verbal threats, humiliation, manipulation, isolation, and intimidation. Psychological abuse can be just as damaging as physical abuse, leading to long-term mental health issues like depression and anxiety.
• Sexual abuse: Includes any non-consensual sexual act or behavior forced upon a partner. This can range from unwanted touching to rape and other forms of sexual assault. Sexual abuse is not about sexual desire but rather about exerting power and control over the victim.
• Economic abuse: Involves controlling a partner’s access to financial resources, which can leave the victim financially dependent and unable to escape the abusive situation. This can include preventing the victim from working, withholding money, or restricting access to financial accounts.
• Stalking and cyberstalking: Stalking involves repeated, unwanted attention and surveillance that causes fear or concern for one’s safety. Cyberstalking expands this abuse to digital platforms, including persistent and unwanted messaging, harassment on social media, and tracking online activities.
• Threats and intimidation: Using threats, intimidation, and coercive tactics to instill fear and compliance in the victim. These can be direct threats of harm to the victim, their children, or loved ones or more subtle forms of intimidation.
• Legal abuse: The misuse of legal systems and processes to harass or control the victim. This can include frivolous lawsuits, dragging out court proceedings, or manipulating custody battles.

Concrete legal charges related to domestic violence may include assault, harassment, stalking, criminal mischief, and restraining order violations. For instance, a person may be charged with aggravated assault if they cause serious physical injury to their partner or with harassment for repeatedly threatening or intimidating them.

The Impact of Domestic Violence Charges on New York Child Custody

When domestic violence is a factor in a family law case, it can significantly influence child custody decisions. Restraining orders, known as “orders of protection,” are commonly issued by the courts against domestic abusers. These court orders restrict the abusive partner’s behavior, such as prohibiting contact, harassment, or being physically near the victim.

In cases involving child custody, orders of protection can significantly impact the arrangements. They may address issues related to visitation rights, parental access, and the safety of the children. Victims can obtain orders that restrict the abuser’s contact with them and their children. These orders can prohibit an abusive parent from communicating with children by any means, approaching them physically or showing up at their school. 

Courts can mandate that visitations between the abusive parent and the child(ren) be supervised by a third party to protect the child(ren)’s safety. In the most severe cases, the court may grant sole custody to the protected parent, limiting or eliminating the abusive parent’s access to the child.