Domestic Violence and Child Custody

Domestic violence is abusive behavior within a family or “intimate relationship”. It occurs when a spouse or intimate partner exerts force or control over the other. 

New York law defines “intimate relationships” as; family, household, or other partners. This includes any of the following individuals:

• People related by blood or marriage
• Spouses and former spouses
• Parents and children.
• People who are not related by blood or marriage, that have previously lived together (ie., roommates).
• People who share a child, regardless of their marital status
• People in a relationship with someone, regardless of age. This includes both heterosexual and homosexual relationships. 

Domestic violence does not just include hitting. Among the many actions that can be considered domestic violence are:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Economic abuse, such as controlling all finances in a relationship, and
• Psychological abuse (for instance, threats, intimidation, or stalking). (New York Family Court Act SS 821).

New York State Law protects domestic violence victims and holds the abusers accountable in several ways. A temporary restraining order is one. It may be granted by a criminal court if the abuser is facing a criminal case. The court can issue a permanent order of protection if the abuser gets convicted of the crime. In most cases, when a Criminal Order of Protection is issued, the abuser cannot contact the victim.

 If you have a child or children with your abuser, and there are both criminal and custody cases, your cases can be combined. The Integrated Domestic Violence Court will hear both your family and criminal cases.

Domestic violence victims in New York may also apply to the family court for a civil protection order. Your attorney can petition the Supreme Court to issue a civil protection order if you are involved in a divorce proceeding.

By protecting you from further abuse, civil orders of protection function similarly to criminal orders of protection. Your abuser may be required to leave the home, and avoid all contact with you. Violating a restraining order is contempt of court and can result in jail time. For more information on how to get a civil order of protection, visit the New York State Court’s website.