Blog / Family Offenses - Domestic Violence

New york turns an open ear to broken children

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.
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College basketball coach facing domestic violence charges

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

What should you do if you are put under a protective order?

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.

What actions are considered to be stalking?

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.