Manhattan Domestic Violence Lawyers
In Manhattan, if you are a victim of domestic violence, you have the right to bring this before the court. The criminal courts work with the family courts in New York for these types of cases to make sure that everyone is protected and allows victims to bring criminal charges as well as civil charges before the judge. The reason they work together is that, unfortunately, many times in cases of civil issues, there is also a crime committed where one person harms another. The end goal of both of these avenues is to provide people with protection from domestic violence.
What Is Domestic Violence?
Domestic violence is an intentional act to harm another individual and can come in a variety of different forms. Several examples include sexual assault, physical abuse, or other ways to lord power over another person which extends to emotional abuse as well. Domestic abuse is one of the most popular cases seen in a courtroom, but just about every case is different in nature. The one thing that is the same in all of these cases, however, is that one person in an intimate relationship is abusing another person for personal gain. Sometimes the abuser is seeking financial gain by keeping the other person from spending money or even, in some cases, stealing money from their spouse. All of these situations are highly sticky and very difficult to navigate because of the invested emotions in a relationship.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196What Is Considered A Relationship In New York?
For domestic violence to be committed, there has to be an actual relationship that is being affected. To be considered in a relationship, it requires two individuals who are related by marriage or by blood and sometimes extends to be two individuals who are intimately involved with one another. This can be between people who live together, but you do not have to be at the same residence for domestic violence to be committed. Domestic violence extends to current or previous spouses, people who are co-parenting children, boyfriends/girlfriends, etc. The important thing to remember is that you do not have to live at the same location to have a case of domestic violence on your hands and taken before a judge.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After years of escalating verbal abuse, your spouse shoved you into a wall during an argument in your Manhattan apartment, leaving visible bruises on your arm. You managed to leave with your children and are staying with a relative, but your spouse keeps calling and showing up at your relative's home demanding to see the kids.
What legal protections can I get quickly to keep my spouse away from me and my children while I figure out my next steps?
Under New York Family Court Act Article 8, you can file for an Order of Protection in Manhattan Family Court, which can be issued on an emergency or temporary basis — often the same day you appear before a judge. Simultaneously, the Manhattan District Attorney's office can pursue criminal charges such as assault in the third degree under New York Penal Law § 120.00 or criminal contempt if your spouse violates any court order. Because New York's criminal and family courts coordinate on domestic violence matters, you can seek both a criminal protective order and a family court order of protection at the same time, giving you multiple layers of legal safety. An experienced domestic violence attorney can help you navigate both systems to secure immediate protection for you and your children while building the strongest possible case.
This is general information only. Contact us for advice specific to your situation.
What Are The Penalties For Domestic Violence?
In New York, you can be looking at some pretty severe punishments if you are guilty of committing domestic abuse. The fines are upwards of $5,000 or a 25-year sentence to prison. If you are guilty of strangling your significant other, you can be thrown into prison for 15 years and have to pay the same fee of $5,000 in fines. If you are guilty of obstruction of breathing to another individual in the realm of domestic violence, they will have to serve time in jail as well as pay a fine.
