If you are a victim of domestic violence you have several options to bring an action to protect yourself.
If you are married to the offender, you can file an action in Supreme Court as part of a matrimonial action. If you are not married, then you would file an action in Family Court in order to be issued an Order of Protection (also commonly known as a restraining order). Alternatively you could seek to file an action in Criminal Court.
Whether you are the victim of domestic violence or have been charged as having committed violence against another, you should contact Ganolli Law to get your legal rights.
The Family Court Act outlines the causes of action which would qualify one to seek protection from Family Court. They are attempted assault, assault in the second or third degree, aggravated harassment in the second degree, harassment in the first or second degree, disorderly conduct, menacing in the second or third degree, reckless endangerment, stalking, criminal mischief, sexual abuse in the second or third degree2, sexual misconduct, forcible touching, strangulation, criminal obstruction of breathing or circulation, identity theft in 1st, 2nd, or 3rd degree, grand larceny in 3rd or 4th degree, coercion in 2nd degree [Penal Law §135.60 (1),(2) or(3))], and unlawful dissemination or publication of intimate images.
There are also organization in the courthouses which can provide additional resources for victims of domestic violence. One such useful resource is Safe Horizon.
All courts in New York, take domestic violence very seriously. A violation of an Order of Protection could result in jail time if the violation is proven at a hearing. This is why it is very important to know your legal rights and have a strong advocate on your side to fight for your order of protection or to defend you against one filed against you. Call Ganolli Law now to get a complimentary consultation.