Westchester County Spousal Abuse Lawyer
Spousal abuse is not limited to physical violence. In fact, this form of abuse can be physical, sexual, emotional, economic or psychological abuse. Many innocent people are falsely accused of spousal abuse, an accusation that can break families apart and cause long-lasting negative consequences in the accused’s life. Instead of evaluating the unique facts of each case, prosecutors often apply a cookie-cutter approach that in many cases harms families that need to be helped. If you are accused of any spousal abuse crime in New York, get immediate legal help from an experienced Westchester County spousal abuse attorney by contacting the law firm of Kimberly Pelesz New York Law, LLC immediately. Assault and abuse charges can emerge out of emotionally-charged circumstances like an affair or a contested divorce. These allegations can be fueled by motives including anger, jealousy, or gaining the upper hand in a child custody proceeding.
TEMPORARY ORDERS OF PROTECTION
Before spousal abuse cases are resolved, courts routinely issue temporary orders of protection requiring the defendant to avoid the home, school, and workplace of the accuser. The victim can file a petition for a protective order even if the person who is being accused has not been arrested for the crime. Temporary orders of protection may include provisions that require the defendant to:
- Stay away from the home, workplace, school of the accuser and anyone else who was a victim.
- Follow a child visitation schedule set by the judge.
- Refrain from committing criminal offenses against his or her spouse.
- Refrain from acting in a way that puts a child or family member at reasonable risk.
- To designate a person who can return to the marital home and remove all of the accused’s personal belongings so the accused does not have to make contact with his or her spouse.
- Avoid harming any pet(s) that belonged to the family.
After a temporary order has been issued, the court will schedule a hearing. The defendant will receive a copy of the complaint against him or her as well as a summons for the hearing. At the hearing, both the victim and the defendant will be able to present evidence to fight to have the order lifted or extended. It is essential that you have an experienced Westchester County spousal abuse lawyer present with you at this court hearing. If the judge believes the victim has a right to want official protection from you, the judge will extend the order for up to two years. However, if there is an aggravating factor present, the order can be extended for up to five years. This is the standard procedure for temporary protection orders that are issued through family court. If the order is issued after the defendant is found guilty of a domestic violence charge, then the court has the right to extend the order even further.
You must obey the court’s order; violating a temporary order of protection can result in additional charges. If you are facing allegations of spousal abuse, speak to a Westchester County spousal abuse attorney as quickly as you can.
SPOUSAL ABUSE AND CHILD CUSTODY
If you and your spouse cannot come to an agreement on who will have custody of your child, the court will step in to make the decision for you. If you are being accused of spousal abuse, it is likely that your spouse will not be willing to agree on a custody arrangement with you without the help of a judge. When the court determines child custody matters, spousal abuse is just one of the many factors that is taken into consideration. A judge will not look favorably on a parent who has a history of spousal abuse, as this leads them to believe that the child may be in danger while in your care, too.
However, a history of spousal abuse does not always mean that you will not be awarded custody. Even if you are not, you may still receive child visitation rights so you can be a part of your child’s life. The judge may require that you have supervised visitations with your child if he believes that you are a danger because of your history of spousal abuse. Supervised visitations occur when a neutral third party is present as you visit with your child to ensure that you do not pose a threat to him or her. Supervised visitations are usually done until the judge determines that you no longer are a danger to your child. Typically, a judge will want to make sure that the child has a relationship with both parents, which is why supervised visitation and regular visitation is offered to parents who do not have custody.
If you are being accused of spousal abuse, you will need the help of an experienced Westchester County attorney. Don’t let an allegation of spousal abuse impact your right to see your child.
WE HAVE THE EXPERIENCE YOU NEED
Unfortunately, even bogus accusations can lead to severe penalties, including protection orders that can separate you from your children. If you have been accused of spousal abuse, you are going to need an experienced criminal defense lawyer who has successfully represented others in similar situations. Since spousal abuse cases can involve proceedings in both criminal and family court, selecting a Westchester County criminal defense attorney who also has a background in family law can be a wise choice. At the law firm of Kimberly Pelesz New York Law, LLC, our attorneys have considerable experience in both fields of law, so they will be able to fight to achieve the best possible outcome for your case.
EMAIL OR CALL US TODAY
If you need criminal defense representation for a spousal abuse charge, call the law firm of Kimberly Pelesz New York Law, LLC immediately. With offices in Peekskill and Poughkeepsie, we serve clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. We have experience in all areas of criminal law, from assault and battery and sex crimes, to grand larceny, drug crimes, harassment and beyond. To learn more about how a Westchester County defense lawyer can help you fight a spousal abuse charge, email or call our law offices at (914) 402-4541.