Bronx Domestic Violence Lawyer

Get Immediate Help: Secure a Restraining Order in New York

Domestic violence is an awful thing to go through. It plagues our society, and it can be terrifying for the person who has to deal with it. The right to be safe in one’s home is essential. When you or someone you love has been the victim of domestic violence, you need to immediately call The National Domestic Violence Hotline at 1-800-799-7233. Then, the next call needs to go to a Bronx domestic violence lawyer for help in securing a restraining order.

Our family law firm has a real family atmosphere that can help clients feel safe. Attorney Jayson Lutzky, with thousands of cases in an award-winning career that goes back to 1985, leads a talented team that includes an associate attorney, three dedicated paralegals, and helpful partnerships with other lawyers if your case goes to trial.

Trust our passionate, educated, and fully bilingual staff to take care of you throughout your domestic violence case. Call us at (718) 550-2881 or fill out our online contact form to set up a free consultation.

The Legal Process for Domestic Violence Cases in Family Law

The legal process for handling domestic violence cases in the context of family law can be complicated, but a Bronx domestic violence lawyer can help navigate these challenges.

1. Filing for an Order of Protection: The first step in seeking immediate legal protection from domestic violence is filing for an order of protection (temporary ex parte). The victim can file a petition in family court or, in some cases, a criminal court if there are ongoing criminal charges. Only the testimony of the victim is necessary to get it in place. The purpose is to provide for immediate security until a full hearing and examination of evidence can be held. The fact the defendant has not yet been able to defend themselves means that the order given will only be temporary.
2. Court Hearing: After the temporary order is issued, a court hearing is scheduled. This hearing allows both the petitioner and the respondent to present their cases.
   The petitioner must present evidence of the abuse or threats, while the respondent can contest the claims.
3. Final Order of Protection: If the judge finds that there is sufficient evidence of abuse or threat, they will issue a final order of protection. This final order can last for various lengths of time, from several months to several years, depending on the circumstances and the severity of the abuse. 
4. Enforcement of the Order: Once the final order of protection is issued, it must be obeyed by the respondent. If the respondent violates the terms of the order, they can be arrested and face criminal charges, including contempt of court.

Preparing Your Evidence: Building a Strong Case with Your Bronx Lawyer

Our Bronx domestic violence attorney will work with victims to prepare evidence for the hearing. 

• Direct physical assaults can leave bruises, and may have necessitated a trip to the emergency room. 
• In the latter case, there will be medical records that can be introduced at the hearing. 
• It’s possible that evidence can include everything from threatening text messages and voicemails to the sworn testimony of those close to the situation. 

If the court finds the evidence compelling, they will issue a final order of protection. The time period on this final order is often about two years, though it can be renewed on expiration. 

How a Restraining Order Can Safeguard You

• The contents of a restraining order will usually involve the defendant being given a specific distance from the victim which cannot be breached. 
• Depending on the situation, a judge may also bar any type of contact, from phone to text to email to social media. 
• Granting the victim temporary custody of children or temporary possession of the home.
• Ordering the respondent to complete counseling or treatment for anger management, substance abuse, or mental health issues.

Consequences of Violating a Restraining Order

The violation of a restraining order. The defendant—who may face criminal charges in any case from the District Attorney’s office—can be placed in contempt of court for violating the restraining order. Contempt charges can result in jail time as long as four years. 

Additional Family Law Issues Involving Domestic Violence

Child Custody and Visitation

Domestic violence plays a significant role in child custody disputes. Courts in New York prioritize the best interests of the child, and any history of domestic violence can impact custody and visitation decisions. If you are seeking custody of your children or need to modify an existing custody arrangement, having a Bronx domestic violence attorney can help ensure that the court considers the safety and welfare of your children.

Divorce and Separation

Domestic violence can be a significant factor in divorce proceedings, as it can affect the division of assets, spousal support, and custody arrangements. If you are seeking a divorce from an abusive spouse, a Bronx domestic violence lawyer can guide you through the process while ensuring that your safety and rights are prioritized. In some cases, a court may grant a divorce based on cruelty or domestic violence, which can affect the final judgment and settlement.

Financial Relief

Domestic violence can often be linked to financial control, where the abuser restricts access to money or property. In divorce cases, a Bronx domestic violence attorney can advocate for financial relief on behalf of the victim, including spousal support, child support, and equitable distribution of marital property. In some instances, the court may grant financial assistance to a victim of domestic violence to help them start anew and regain financial independence.

Why Choose Jayson Lutzky for Your Bronx Domestic Violence Case

When facing a domestic violence case, it is crucial to have a knowledgeable and experienced lawyer by your side. At Jayson Lutzky Law Firm, we handle domestic violence cases and have a track record of success in helping our clients achieve favorable outcomes. 

Here are some reasons why you should choose us:

1. Proven Success: Our team of attorneys has extensive experience in handling domestic violence cases in the Bronx. We are well-versed in the laws and regulations surrounding domestic violence and can provide you with the guidance you need.
2. Compassionate Representation: We understand that domestic violence cases can be emotionally challenging. Our team is committed to providing compassionate and supportive legal representation throughout the entire process. We will listen to your concerns, answer your questions, and advocate for your rights.
3. Personalized Legal Strategies: We believe that every domestic violence case is unique. That's why we take the time to understand your specific situation and develop a personalized legal strategy tailored to your needs. We will work closely with you to ensure that your voice is heard and your interests are protected.
4. Dedicated Advocacy: Our lawyers are known for their strong advocacy skills both inside and outside the courtroom. We will fight tirelessly to protect your rights and pursue the best possible outcome for your case. You can trust us to be your dedicated advocates every step of the way.
5. Client-Centric Service: Our top priority is client satisfaction. We measure our success by the positive outcomes we achieve for our clients and the satisfaction they feel with our services. We are proud to have helped numerous individuals in the Bronx navigate through their domestic violence cases successfully.

Don't face your domestic violence case alone. Contact Jayson Lutzky Law Firm today to schedule a consultation and learn how we can help you.

Explore Your Legal Options for Domestic Violence Protection

Dealing with domestic violence can be overwhelming, but it's important to know that you have legal options to protect yourself and your loved ones. Our team at Law Offices of Jayson Lutzky is dedicated to providing comprehensive legal support and guidance to individuals facing domestic violence situations in the Bronx, NY area.

When it comes to domestic violence cases, it's crucial to understand your legal rights and the available options. Our experienced Bronx domestic violence lawyers can help you navigate through the legal process and explore various legal options, including:

• Filing for a restraining order
• Seeking legal protection for yourself and your children
• Exploring options for temporary housing and financial assistance
• Building a strong case with evidence preparation

At Law Offices of Jayson Lutzky, we are committed to advocating for your safety and providing the legal support you need during this challenging time. 

Additional Reading:

• What to Do After Domestic Violence: A Bronx Guide

Contact us today to schedule a consultation and learn more about your legal options in domestic violence cases. Call our office at F:P:Sub:Phone}.