Domestic violence is unnervingly common. The unfortunate fact about domestic abuse is that most individuals are too afraid to come out and expose the family member who is harming them because of the social backlash they may face and because of how afraid they are of their abuser.
Domestic violence includes any sort of abuse you suffer from a family member, this can include assault, sexual misconduct, stalking, and strangulation. If you have been a victim of domestic violence, you can bring civil charges in family court or even criminal charges in criminal court if their actions were overly aggressive. In many cases, you can bring charges to both courts depending on your situation. An attorney who specializes in dealing with cases of domestic abuse can guide you on what legal steps you should take to ascertain your protection and the protection of your kids from the individual who is abusing you.
One of the rights you have to protect you from the individual who is abusing you is the right to request an order of protection. You can request for an order of protection from either court. This order compels the defendant to stay away from the individual who was abused and also to stay away from the children involved in the relationship.
What are the penalties for domestic violence?
A crime is considered domestic violence when the crime occurs between individuals who are legally married, formerly married, have a child in common, or who have been in an intimate relationship. Individuals who are guilty of acts of domestic violence can be fined up to $5,000 depending on the seriousness of their offense.
If the offense was profoundly serious and involved fatal injuries or the death of a family member then obviously much more serious penalties will be given to the guilty individual. In domestic abuse cases, the perpetrator may use different defenses to try and defend their actions. They may say they were trying to defend themselves and that is why they had to harm the other person. They might also use medical and mental health issues as an excuse for their behavior.
A qualified family attorney can help a person prove they were a victim of domestic abuse and they can help a person combat the defenses of the guilty individual as well. Talk to a family lawyer today at the Law Office of Charles Zolot to get legal protection after facing domestic abuse.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640