Domestic violence is defined as "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."

What to Do if You Are the Victim of Domestic Violence

Every couple argues and sometimes an argument can escalate into a full-blown altercation that gets out of hand. If you have had a spouse or a family member strike you or a family member, or threaten to strike you or a family member, either with their hand or an object or in any way caused you or a family member physical harm the first thing to do is to immediately call 911. Your physical safety and the physical safety of your children are more important than anything and you must call the police to your home to physically protect yourself. If you are unable to get to a phone, or if you feel that you or a family member is in imminent danger, you should get out of the house immediately, and drive to your local police station and report the crime in person. The police may accompany you back to your home once they have arrested the abuser.

Charges and Arraignment

Once arrested, the abuser will be arraigned before a judge where the charges will be formally entered into the record. The abuser will be accompanied by their attorney and the State of NY will be represented by a District Attorney who will ask the court to set bail. Each situation is unique and the judge may or may not keep the alleged abuser in jail or may decide on releasing the person pending bail is paid. At this point, you may think that you have done more harm than good and the abuser has been released to return and harm you or a family member, but there are other remedies at your disposal to increase your safety. The most effective tool you may have to try and keep an alleged abuser at bay is called an order of protection.

Order of Protection

If the alleged abuse or the threat of harm is severe, and you feel that your physical safety or that of your children is in danger, your lawyer may ask the court for an order of protection that will prevent the alleged abuser from harassing, stalking, or threatening you again. The most common type of order of protection can go so far as to include prohibiting the alleged abuser from having any contact with you at all and if they do, they can be arrested again. With an order of protection, the court commands that the alleged abuser must stay away from you and your children, move out of your home, obey custody arrangements and pay child support, and/or forfeit their firearms. source: link

If you are in a situation where you feel that your life is threatened by a spouse or family member, do not hesitate and call the following NYS Domestic and Sexual Violence Hotline Number: 1-800-942-6906. It is also imperative that you give our New York domestic violence law firm a call. New York domestic violence attorney Alexander Tsiring, Esq. awaits your call.