Trusts And Estates Brooklyn Ny

Domestic Violence is defined as any mistreatment that affects the life or physical or mental integrity of someone who has or has had the quality of the offender’s spouse or a cohabitation relationship with him. In the latter case, domestic violence against women would imply all physical and/or psychological abuse by her spouse or partner.

And in the face of this scourge, the law contemplates a remedy called a restraining order that aims to protect victims of violence from their aggressor through an order issued by the courts, so that the aggressor cannot approach the victim or the relatives of the victim.

Below we will tell you how you can request a restraining order as a measure to protect yourself from your abuser.

What is the process for getting a restraining order?

A victim of domestic violence can turn to Trust And Estate Attorney Brooklyn Ny and the police because they are available 24 hours a day to receive complaints and attend to emergencies.

The police assess the seriousness of the situation and if physical and/or psychological injuries of domestic violence are verified, the case is referred to the Family Courts.

Once the complaint is made by the victim, the prosecutor acts as the prosecution authority and the criminal process begins.

The Prosecutor assesses the seriousness of the case and asks the court for a protection measure for the victim while the criminal process against the aggressor is carried out.

After the court issues the order, it can establish several ways to protect the safety of the victim that can be; prohibiting the approach of the aggressor; assigning a foster home where the victim is sheltered while the courts carry out the investigation process; police patrols around the home or work of the victim; preventive detention of the aggressor or his house arrest.

These measures seek to protect the victim from future attacks by the perpetrator while the court passes a sentence.

If the precautionary measure is the restraining order, the police are in charge of notifying the aggressor in writing to inform him of the order and warn him of the sanctions in case of violating the restraining order.

In the event that the victim has suffered physical injuries, they must go to a care center to record her injuries and request a certificate that will serve as proof of the aggression in the process that is carried out in court.

In what cases can a restraining order be requested?

If a person is the victim of physical violence, in the case of psychological violence that includes shouting, humiliation, insults, and threats, among others.

In the case of sexual violence and in the case of economic violence, which includes if the aggressor denies the victim money to support her or her children, extorts or appropriates property or wages that belong to the victim.

A complaint about Domestic Violence can be made not only against the husband or ex-husband, but also against boyfriends and a cohabitant or ex-cohabitant, as long as they have children in common. You can always contact and Trust And Estate Planning Attorney Brooklyn Ny to receive the best advice.

What happens if the restraining order is violated?

If the aggressor fails to comply with the restraining order, he may face imprisonment.

Fines may also be imposed depending on the case.

This non-compliance is considered a new crime, which is why prison is contemplated depending on the seriousness of the case.

Do you need to hire an expert lawyer in domestic violence issues? At Trusts And Estates Brooklyn Ny you can find the lawyer you need quickly and easily.

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