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New York Courts Create Safeguards and Procedures for Victims of Domestic Violence


A 25-year old woman entered into marriage without knowing what’s in there for her. Sources said her marriage has a history of domestic offense perpetrated by the husband upon the wife. No longer able to take the abusive acts, the wife filed a case against her husband, which resulted to the husband being committed to incarceration for one hundred and eighty days.

The wife obtained an order of protection for one year prohibiting her husband from assaulting, menacing, harassing or recklessly endangering her and their children. With her husband in imprisoned, the wife thought she was safe. To her disbelief, one night, her husband escaped jail, went to her house, and harassed and annoyed her by moving her car out of the driveway to a towing zone. The husband also threatened to kill his wife and their children. The husband, according to sources, climbed into the wife’s window from the fire escape, but when their 15-year-old son saw his father enter the residence, he chased his father out of the residence. Because there was also threat of harm and abuse to their children, the wife also obtained a protective order for her husband to stay away from their children.

Fearing for her life and that of her two children, the wife then filed another complaint in court to have her husband incarcerated. The husband refuted the complaint and argued that the family court cannot impose consecutive commitments. But the court held that because of the remarkable and significant impact domestic violence has over a family and the public in general, it is absurd not to allow courts to impose consecutive commitment orders for only up to six months only. In this scenario, the perpetrator will be free from bars and return to harass the victim.

Courts are of the opinion that the Family Court Act was enacted to set a procedure and provide specific remedies to cases of domestic violence. The Act provides that acts of domestic violence do not happen in just one occasion, but also on separate, distinct and repeated occasions. Acts of domestic violence also do not just happen in the homes but also on streets and public spaces. It usually affects the wife and the children. Often times, children who witness acts of domestic violence take the violent acts outside of the homes and transmit the violence to other kids. These children usually end up bullying other kids outside their homes. On the part of wives who are victims of domestic violence, most of them suffer post-traumatic stress disorder and experience severe depression and anxiety. These major mental illness often results to homicidal or suicidal behaviors. In this case, the wife had a history of psychiatric hospitalization as a result of her husband’s abusive behavior.

Victims of domestic violence have a hard time trusting people because of their experiences. To help you get through your case and make sure you are compensated, there are New York Domestic Violence Attorneys who will stand by you and help see you through your case. They can argue your side and make sure you do not lose your rights.

Our New York Family Lawyers at Stephen Bilkis & Associates know how difficult it is to be involved in a case of domestic violence. Our Attorneys can provide you with advice and guide you through your situation. We have offices conveniently located throughout the New York Metropolitan area, including Corona, NY, so you can reach use anytime.

Stephen Bilkis and Associates will also recommend New York Assault Lawyers who will help you, in addition to Domestic Violence Law.

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