Although criminal charges and family legal matters are handled in two different courts, they sometimes overlap. When they do, one may impact the other. Often, it’s criminal charges incurred during a divorce that affect the divorce instead of vice versa. Find out how a divorce influenced by criminal charges and when should you contact a divorce attorney? (more…)
An order of protection, commonly called a “restraining order” on Long Island, is a legal tool that can be used in cases of harassment and violence between people who share a relationship. When should you get an order of protection, and more importantly, when can you? (more…)
Sadly, many cases of divorce on Long Island arise from situations of domestic violence. Too many of them are legitimate cases of violence, and some are false accusations driven by the desire of one person to gain control over the other. Whether you’re working toward proving that the violence occurred or you’re fighting unjust accusations, you’ll need evidence on your side. Here’s what you need to know about proving domestic violence in a Long Island divorce case and what types of evidence can be brought forward. (more…)
When someone harms or threatens you or your child, you have the option to seek an order of protection against them. This legally limits their behavior and imposes consequences should they attempt to come near you. Orders of protection are common on Long Island in cases of divorce involving domestic violence, child abuse, and other situations where safety is an issue. (more…)
As an experienced family law attorney on Long Island I receive a lot of questions about Orders of Protection. Here are answers to some of the most frequently asked questions about orders of protection.
What is an Order of Protection?
If someone close to you, such as an intimate partner or a family member, is abusing you, you may be able to obtain an Order of Protection against them. An Order of Protection is a court order that will require the abuser (the “respondent”) to stop abusing the victim (the “petitioner”), and may also contain additional instructions that the respondent must follow.
What is a Child Protective Proceeding on Long Island?
A child protective proceeding is commenced by a Long Island child protective agency with a petition in the family court in Nassau County or Suffolk County. If your county or city agency has a concern for abuse or neglect, it can petition the family court and begin an action against the parent or guardian who is suspected of abuse or neglect. The county or city agency is known as the petitioner, and the parent or caretaker that is suspected of abuse or neglect will be the respondent. The goal of these proceedings is to ensure the safety and wellbeing of the child. Sometimes this means the court will have the parent or guardian address and correct problematic behaviors. If the parent or guardian cannot or does not correct abusive behaviors, the child may be removed from the home and placed into kinship or foster care. (more…)