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Family law: New York’s approach to domestic violence

On Behalf of | Nov 22, 2019 | Family Law

Anytime domestic violence begins to plague families in White Plains, people need real facts and real solutions. This includes any victims of domestic violence as well as the alleged perpetrator of such violence. Regardless of whether you are a victim or the accused, it is crucial to seek guidance from a family law attorney.

Each state has different laws governing how the authorities approach domestic violence accusations. Seeking counsel from a family law firm is one of the most authoritative ways you and your family can learn how New York State handles domestic violence allegations.

For example, police called to the scene of a domestic violence situation in New York must, by law, arrest the accused if evidence exists indicating that one person has engaged in a felony act against another person or if one person has violated an existing protective order. Many other states do not have this law on their books. This means that if police officers do not make an arrest, the victim of domestic violence could be left in a vulnerable position.

Another way New York differs from several other states is that it lets domestic violence victims terminate a house or apartment lease early. This law ensures that victims can immediately separate themselves from alleged abusers. However, victims must possess a restraining order or a police report confirming the abuse before they can terminate a lease early.

As you can see, the state takes as active a role as possible in helping to prevent further abuse of domestic violence victims. When you combine these existing statutes with the assistance a family law attorney provides, it is possible to escape your situation and help your family heal.