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Domestic violence accusations are no laughing matter. If allegations escalate, a protective order might get involved. Courts issue these directives to prevent future offenses from taking place. An order could unexpectedly shake up your life, leaving you unsure about your rights and next steps. By knowing what kinds of orders exist, their effects and proper responses, you can take steps towards better handling this difficult situation. How can a protective order disrupt day-to-day life? In New York, a protective order can force sudden, major changes to your daily routine. Knowing these downsides can help you avoid accidental violations: Relocation: You may have to leave your shared home immediately. Firearm restrictions: The court might require you to give up any guns you own. Child visitation: Your rights to see your children could change temporarily. Employment: You could experience some problems at work, especially if your job involves firearms. These changes often feel overwhelming. New York issues two main types of protective orders: temporary and final. Temporary orders last for a short time, while final orders can extend up to five years. Helpful strategies you can employ Proper response to a protective order safeguards your rights and helps you avoid legal trouble. If you find yourself facing down serious allegations, consider these tips: Read the order carefully: Understand all parts of the document. Follow all rules: Obey every provision, even if you disagree. Keep records: Document all interactions related to the order. Get legal help: Consult a criminal defense lawyer experienced in domestic violence cases. Breaking a protective order can result in severe legal consequences, including new criminal charges. Your best move is to obey the order while working with a lawyer to address the underlying allegations. Dealing with a protective order presents challenges, but you don’t have to face them alone. A skilled criminal defense attorney can explain your rights, explore your options, and work toward the best possible outcome for your case.

Those facing charges of domestic violence in Mineola could find themselves having to deal with some very serious consequences (independent of the criminal penalties they may be facing). The mere idea that they are even associated with such an incident could put a permanent stain on their reputations. If one happens to work in a public position (or one that requires public trust), then the damage done to their reputation could reasonable jeopardize their careers. It is for this reason that a rush to judgment should be avoided at all costs when such allegations are being investigated. A man in a very high-prolife position is currently facing such allegations. He is the head coach of the men’s basketball team for a college in California, and he was recently returning from a victory over a conference opponent when he was arrested by police. According to reports, the investigation into his conduct began when authorities responded to a call from a local hotel. The woman found at the scene had suffered non-life-threatening injuries that she claimed were inflicted by the coach. While the coach is married, it was not reported whether the woman involved was his wife. The university reported that it is conducting its own investigation into the matter. The hope is that even with charges pending against them, defendants in domestic violence cases will be afforded the benefit of the doubt while their cases play out. Yet as employers and organizations may not necessarily be legally bound to wait out criminal investigations before taking their own disciplinary action. Thus, defendants in such cases are likely motivated to have them resolved quickly (and fairly). Those hoping for such a resolution may be wise to secure the services of an experienced criminal defense attorney. Source: New York Post “Cops arrest college hoops coach for domestic violence after game” Feb. 26, 2018

You may consider your relationship with your spouse or partner to be like any other in Mineola, experiencing the customary ups and downs that all romantic partnerships do. That may be the reason why the news of your being served with a protective order comes as such a shock. Your initial reaction may be to reach to your significant other to try and work things out. However, doing so could qualify as contempt of court, which, if you are found guilty of, could leave you facing criminal penalties. So what should you do in such a situation? First off, it is imperative that you understand the nature of the order. According to New York’s Consolidated Laws, criminal courts are empowered to issue temporary protective orders in cases where your spouse or partner is unable to promptly initiate a petition in family court. Such orders last for four days, during which time you are forbidden from contacting or approaching him or her at any of the following locations: At home At school At work A temporary order may also limit you to only having supervised visitation time with your kids. Again, these restrictions are only in place for four days with a temporary order, but may be extended at the courts discretion. As you prepare for the hearing that will determine whether the protective order against you will be extended, you should carefully review your recent interactions with your significant other to better understand what may have prompted him or her to seek this action. If you already have an idea of what it might be, consider talking to any outside parties that may have observed the action(s) in question in order to offer up the opinion of an impartial observer to your allegedly abusive conduct.

Stalking in New York and across the nation can be a dangerous behavior that is not limited to ex-spouses or former boyfriends and girlfriends. However, the behavior does not always seem dangerous. You may intend to be sweet or romantic by continuing to send gifts or letters to an ex-partner; however, these actions can get you into trouble. New York’s Office for the Prevention of Domestic Violence explains that stalking includes unwelcome interest from someone. The saving grace may be that you do not intend to threaten or harass your ex, which must be part of the formula in determining whether your actions fall under the heading of stalking. You should realize, however, that your ex may find your continued interest creepy, to say the least. The state’s stalking law, enacted in 1999, considers the victim’s state of mind, not the pursuer’s intentions, and whether the behavior can cause a “reasonable fear” in the victim. Whether or not you intended to scare or harass your ex, and whether or not he/she is actually afraid, if your actions are enough to cause fear, then you may be committing a crime under the stalking law. Stalkers are typically males who target female victims, and a prior relationship is not a prerequisite for one’s behavior to qualify as stalking. If you are trying to get the attention of a new colleague and go overboard by repeatedly calling, emailing and otherwise pursing this colleague, your behavior may fall under the definition of stalking. Victims may experience any number of symptoms in reaction to being stalked, including extreme fear, rage, depression and post-traumatic stress disorder. These feelings may cause them to withdraw from others, move, change jobs and keep them on edge throughout the day and night. Because of the ongoing stalking, victims may also begin to mistrust police and the court system. Because stalking can be a terrifying experience for victims, the stalker law covers a broad range of behaviors, from repeated phone calls and unwelcome advances to following, kidnapping, assault and homicide/suicide. Stalking does not have to be a physical action, however. Cyberstalking is also possible, meaning that emails and other tech mediums, such as Pinterest or Instagram, can be used to harass and intimidate victims. While you may think you are showing interest in someone new or want to rekindle a prior romance, remember that your actions may not be interpreted in the way you expect. The easiest way to gauge whether another person welcomes the attention is to just ask them. Then, respect their answer. This general information is provided for your education, and should not be taken as legal advice.

Domestic violence is no light matter, regardless of where the abuse takes place. A new type of this behavior has become prominent in recent years, and involves online methods of stalking individuals in a domestic setting. Cyberstalking can open the door for a multitude of issues, especially given the wide range of social media platforms offered today. There may be many grey areas when it comes to this type of violence, but New York makes clear that the consequences can be both severe and lasting for all of those involved. An incident that surfaced in recent news exposed a complex domestic situation between a police officer and his ex-girlfriend. WHEC News elaborates on the ex-girlfriend’s accusations of cyberstalking toward the officer, wherein she claimed that the officer, William Rosica, terrorized her through a series of online messages. Rosica allegedly used his keen police training in a negative way in attempts to dominate the woman, in what WHEC notes was part of a year-long scheme to inflict emotional damage. According to the report, the abuse began shortly after Rosica’s ex-girlfriend end their relationship. In addition to the emotional distress Rosica caused, reports show he also followed his ex-girlfriend only to send emails and texts to her detailing her own actions. Many experts in organizations geared to prevent domestic violence fear that cases such as Rosica’s could lead to furthered violence. When it comes to the state of New York, the Office for the Prevention of Domestic Violence outlines stalking and cyberstalking, noting that cyberstalkers need not be in close physical proximity to carry out abuse. Furthermore, cyberstalkers commonly invite other online users to join in stalking a particular individual. The OPDV also acknowledges that those in domestic situations have easier access to a victim’s personal information, such as bank accounts and confidential files–making the situation all the more serious.

Similar to other states, the New York legal system handles domestic violence cases seriously. Although some charges for violence in the home prove to be wrongful accusations, most do not end on a light note. Penalties for domestic violence charges can range from prison time of one year to 25 or more years, and typically come with costly fees, as well. As of 2012, New York has strengthened its laws surrounding violence in the home. WNYC news reported on the details of this change, stating that New York established a new felony for repeat, low-level domestic violence offenses. Because many abusers are not deterred by the former mild charges — all of which carried minor penalties — they continued abusive behavior toward their household. Signed by Governor Andrew Cuomo, the measure extends to individuals who have previous misdemeanor charges involving family violence within the last 5 years, and subsequently commit a second misdemeanor. Punishment for this charge is 1 to 4 years in prison. The new measures also prevent anyone charged with a person’s death as a result of domestic violence from controlling that person’s burial. The New York State Senate offers a resource that clarifies the changes made in 2012, adding that the new measures allow the Office for the Prevention of Domestic Violence to examine factors involved in these types of crimes through a domestic violence fatality review team. The update also expands the factors courts must consider when handling penalties for domestic violence crimes. As for the Aggravated Family Offense update, in which an abuser commits one or more acts of violence within a 5-year span, types of crimes considered a “special offense” include, but are not limited to: Reckless endangerment Stalking Strangulation Rape Sexual abuse In addition to extended penalties for such crimes, the relatively new measures also work to better protect and assist victims of domestic violence in New York.

A family court order of protection in New York is different from a criminal court order of protection. However, their purpose is similar and its intention is also to protect against violence. Two different courts may be making the different orders. The relationship between alleged victim and defendant may be the controlling factor. Difference between family and criminal court orders of protection A family court order of protection can only issue when the victim, known as the petitioner, and the defendant, known as a respondent, have or had a family relationship or had an intimate relationship. The family court will issue a temporary order of protection when there is a criminal action pending. On the contrary, a criminal court order of protection can issue when there is no civil family court case existing and when the victim or witness of an alleged crime are unrelated to the defendant accused of a crime. Kinds of relationships required The family court order’s purpose is to prevent domestic violence. The type of relationship between the parties required includes the following: The defendant’s relation to the alleged victim is by marriage or blood The defendant and the alleged victim are or were married The defendant and the alleged victim have a child together The defendant and the alleged victim had an intimate relationship An intimate relationship does not require a sexual relationship, and after considering its nature, the court will determine if the close relationship meets the intimacy criteria. Acceptable conditions in an order of protection The law governing family court order of protection is the New York Consolidated Laws, Criminal Procedure Law, section 530.12. It may order that the respondent comply with many conditions, including but not limited to the following: Do not go near the home, job, school of the petitioner or petitioner’s family members or other witnesses Allow a parent or other entitled person to visit with a child living with the respondent Abstain from committing any family offenses or criminal offenses against the child or family member or person with custody of the child Abstain from harassing, scaring, threatening or creating unreasonable risk to health of the child, family member or person with custody of child To allow designated person to enter residence to remove personal belongings As with a criminal court order of protection, a family court can include protections for a companion animal of the alleged victim or child in the household.

No area of the United States is exempt from domestic violence. Unfortunately, families report thousands of cases each year, and often the members most affected by this violence are children. Many children who experience violent, traumatic experiences often carry the negative repercussions from those experiences into adulthood. New York is one state that has recognized the need for additional resources for children who have gone through troubling incidents. It is important for all New York residents to know the details of laws surrounding domestic violence. Contrary to popular belief, violence in the home can happen among any ethnic group, class or lifestyle and can ultimately damage the physical and mental states of children involved; the website for the state of New York provides additional resources on domestic violence and children. When families seek the services of child welfare, they must first go through an initial safety assessment by a child protection investigator or a Family Assessment Response worker, as well as answer a series of questions about children and their exposure to violence. This step is only the first of many hurdles over which individuals must jump to receive proper support from child welfare. It is clear that countless children are exposed to a range of unhealthy living situations and incidents. The New York Times reports on one possible solution to this issue: the recent expansion of children’s mental health programs across the state. As health experts statewide pointed out the demand for more support to troubled children, NYC Health and Hospitals announced on September 6 that new programs will soon be available to address the challenges many young people face, including poverty, violence and substance abuse. Altogether, these programs aim to promote healthy living, improve graduation rates and address complex behavioral problems among children exposed to violence in the home.