1. Can my child's other parent get custody if he/she has been found guilty of domestic violence?
   History of domestic violence is one major factor considered when deciding which parent should be awarded custody.



2. Is it domestic violence if my spouse refuses to give me money to buy personal items for myself, since he/she is the only one working right now?
   Domestic violence exists in various scenarios, one is when the employed partner denies the unemployed partner access to funds to buy personal items or cover basic needs.



3. Can my child be taken away from me because of witnessing domestic violence?
   Under recent caselaw, the courts can not take a child away from a battered parent because the child witnessed domestic violence.



4. Can the court provide counseling for me and my family for domestic violence?
   The courts can direct counseling for the battered party and child(ren) if it finds that it is necessary.



5. I am a victim of domestic violence, and I want a divorce. Can I file for divorce and ask for protection from my spouse in case he/she gets angry because I filed?
   If you want to file for divorce and are afraid of your spouse's reaction, you should consult with an attorney so that the appropriate applications may be made in court



6. If I was given a Final Order of Protection against my spouse can I stay in the home even if the lease is in his/her name only?
   The court may direct that the batterer continue to pay the rent or mortgage on the home, even if he does not live there, depending on the circumstances of the case.



7. My spouse was the only source of income and he can not come to the home because of an Order of Protection, can I get financial assistance if we have no children?
   There are several agencies in New York that may provide financial assistance if you are the victim of domestic violence. You should contact New York's city and/or state agencies on domestic violence.



8. How can I get my personal belongings out of the home if there is an Order of Protection restricting me from the home?
   If there is an order of protection prohibiting you from the residence, you ask a police officer to escort you to the home to retrieve your personal items. If there is a dispute with the other party as to the items, you should go to the issuing court to get a modified order.



9. I have an Order of Protection against me, can I still see my child?
   An order of protection directing you to stay away from the parent and children must explicitly state that court-ordered visitation are permitted.



10. Can I sue for domestic violence?
    You may sue for damages incurred as a result of domestic violence.

Contact our office to get a free phone consultation.