Protective Orders

New York State takes domestic violence (DV) very seriously, as should anyone making a claim against someone as the perpetrator of domestic violence. Making a false claim against someone for acts of domestic violence diminishes the true claims of domestic violence. Do not make a false claim. If you or your children are not at true risk of harm, psychological or physical, it is not domestic violence. If you or your children are at risk of harm, then take immediate action to protect you and/or your children, and obtain an Order of Protection immediately. Remember that it is a shield to protect you, not a sword to hurt someone else.

New York State defines domestic violence as follows:

A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.”

Note that arguing or disagreeing is not within that definition. Much more importantly, note that the definition does not say anything about claiming the other parent of your child or children has committed acts of domestic violence so that you can try to gain an advantage in efforts to obtain child custody. Making a false claim to gain advantage in a custody case, or any other case is not only morally reprehensible, it is perjury.

Though this definition gives the impression that one lone and horrific event is not domestic violence because one event does not make a pattern, one event can be enough. For example, one partner holding a gun to the head of the other partner and threatening to kill them, though one event, is domestic violence as well as criminal conduct.

Conduct that threatens one’s employment by harassing someone at work by showing up uninvited regularly or calling your boss to tell negative stories can rise to the level of qualifying as domestic violence.

Two important factors to note: Men, too, are victimes of domestic violence and it needs to be taken seriously and if you fail to protect and remove your children from situations of domestic violence, you take the risk of losing them to county care.

There must be a special relationship between parties to a domestic violence action such as members of the same family or household including those who:

  • are blood relatives or affinity
  • are legally married
  • are formerly married
  • have a child in common
  • have been in an intimate relationship, whether or not they live or lived together

New York has established the Integrated Domestic Violence (IDV) court for the purpose of putting both civil claims of domestic violence and criminal claims of domestic violence in the same court before the same judge. This has resulted in consistency in penalty for cases based upon the same facts and course of events.

If you are a legitimate victim of domestic violence, or if you have been wrongly accused, please Contact  Diana to help you.