NEW YORK DOMESTIC VIOLENCE LAWYER

MIICHAEL S. DISCIOARRO, ESQ.

New York’s Law:

requires police to arrest batterers who violate "stay away" orders of protection or commit a felony or a misdemeanor against another household or family member

enables victims to bring their cases to family and criminal courts concurrently, instead of forcing victims to choose between them

provides for orders of protection for up to two years in most cases and up to five years where serious injury occurs, a weapon is used, there is a repeated offense, or other aggravating circumstances

requires violators face felony charges when harassing or threatening a victim during an order of protection violation

provides that, in the case of repeated violations, including threatening phone calls, faxes or e-mail messages, violators could face up to four years in prison (seven years if a victim suffers physical injury)

requires criminal and family courts issuing orders of protection to revoke or suspend the abuser’s firearms license as well as take away the weapon

maintains a statewide Orders of Protection Registry to aid police and courts when taking action

provides for training programs to teach police officers, judges and district attorneys how to handle domestic violence cases

permits courts to order the batterer to pay up to $10,000 restitution to the victim

allows courts to give orders of protection, even when the offender does not reside in New York State, thus giving victims who live or work in New York protection

requires courts to consider domestic violence in child custody and visitation cases

restricts visitation/custody rights of persons convicted of murdering a child’s parent or guardian, sibling or half sibling unless the court finds visitation is in the child’s best interest or the convicted person proves the murder was in response to domestic violence

authorizes issuing a temporary child support order and order of protection at the same time

requires police to determine the primary physical aggressor, so that victims of domestic violence are not inappropriately arrested along with their abusers when more than one person alleges violence

enables a local criminal court to issue a temporary order of protection, or modify a temporary order of protection issued by a family court when family and supreme court are not in session

ensures safety for victims of domestic violence by promoting more rigorous interstate enforcement of orders of protection.

New York’s Stalker Law

It’s A Crime
For victims of a relentless stalker, common everyday noises — the ring of a phone or a knock at the door — can be frightening. Left unchecked, "stalking" or harassment cases sometimes escalate into violence, even death.

Prosecutors can prosecute more effectively if the stalking or harassment is reported to the police each time.
Stalking is a crime that affects people from all walks of life. While the most publicized cases are those involving celebrities, the most common victims are ex-wives and girlfriends. According to FBI statistics, over 30 percent of all female murder victims are killed in incidents of domestic violence. Many of these victims were stalked or terrorized before being murdered.

Taking a stalker off the streets may help diffuse a volatile situation or give a victim time to take steps to increase his or her safety.