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The attorneys at Sammis Law Firm help the Respondent fight the allegations in protective order cases involving allegations of domestic violence, repeat violence, dating violence, stalking, or cyberstalking. If you were served with a petition for a protective order, then you have come to the right place. If you need advice or assistance, call The Colwell Law Group, LLC, at 51 to schedule a no risk consultation with one of our Schenectady County family law attorneys today.Every year, more than 6,000 applications for restraining orders are processed at the Clerk’s Office in Hillsborough County. Given the serious consequences of a domestic violence allegation on a divorce–both for the accuser and the accused–it is imperative that each spouse works with an experienced Saratoga County family lawyer. It is also possible that criminal domestic violence charges may be separately brought against the accused spouse. Such orders may continue in force for several months or years depending on its terms. The resolution of a divorce case does not necessarily mean the end of an order of protection. Dealing With the Long-Term Legal Consequences of a Restraining Order The judge must look at all relevant factors and determine what would be in the “best interests of the child.” In many cases, this means that the accused parent will still be given limited, supervised visitation rights with the child. With respect to child custody, even if the court finds there has been domestic violence, that does not automatically end the inquiry. Again, this is not a criminal matter, so the accusing spouse only needs to prove that it is more likely than not that domestic violence occurred. Domestic violence allegations may also be considered as one of many factors in awarding spousal maintenance (alimony) as part of a final divorce decree. New York Domestic Relations Law requires a judge to consider domestic violence allegations in any child custody proceeding. Domestic Violence Allegations May Impact Alimony and Child Custody
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And in some cases, criminal allegations of domestic violence may be consolidated with divorce and family law matters in New York State’s Integrated Domestic Violence Courts. However, it is a crime to violate an order of protection. The petitioner spouse does not have to prove the defendant’s guilt of a criminal offense. Keep in mind that Family Court proceedings are civil in nature.
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