Family violence cases present some of the toughest challenges and rewards for lawyers alike, often being emotionally trying for both victims and defendants involved.
Domestic violence refers to any act of mistreatment between family members or intimate partners, which includes physical, emotional, sexual or economic exploitation.
Since long, courts have often disregarded allegations of domestic abuse when hearing cases regarding post-separation contact between parents.
Legal Representation
Domestic abuse takes many forms and may affect anyone of any gender, age, race, economic status or economic standing. It includes physical, psychological, sexual and emotional abuse as well as power and control tactics used against its victims.
Victims of intimate partner abuse have the right to hire a family violence lawyer as part of their defense in both criminal and civil court systems. A lawyer can assist them in seeking restraining orders, participating in plea bargain discussions, or advocating for more or less harsh sentences during sentencing proceedings.
The clinic gives students an opportunity to conduct client interviews, conduct fact investigation and discovery, draft pleadings, correspondence, motions, stipulations and orders, work with translators and advocate on their client's behalf before family court. Students working in this clinic are directly supervised by faculty and receive a salary. It can also offer services to survivors of intimate partner violence who cannot afford private representation but would still benefit from these services provided by the clinic.
Orders of Protection
A judge can grant you a temporary order of protection to keep you safe. This order may prevent an accused person, known as a respondent, from contacting or harassing you directly or indirectly by phone, mail or in any other form; from making threats to harm yourself or any family members including pets; stalking you; damaging property belonging to you or taking money or credit cards from you; from stalking or following you and even from taking guns from them. It may even order that they move out and surrender any guns they possess.
Victims may petition for protective orders in Family or Criminal Court. It is essential that a well-documented case be presented before the judge, including evidence like financial affidavits and child support worksheets, so as to increase your chance of success.
An experienced attorney can draft your petition thoroughly prior to attending court, making sure the judge is informed about all relevant details regarding your situation. Breaking an order of protection is illegal; thus you should always abide by its provisions and appear at scheduled hearings.
Criminal Charges
Sydney law gives criminal judges jurisdiction to hear family violence cases, defined as actions taken by one family member against another which result in physical harm, bodily injury, assault or threats of violence; also included are stalking, trespassing and sexual assault of an intimate partner or spouse.
Criminal conviction for domestic offense can have devastating repercussions for an individual, their employment and finances as well as personal, family and social relationships. A felony conviction could mean jail time, fines and permanent criminal records for the offender.
Defense against domestic violence allegations requires special expertise as the accuser could shift in their position about pressing charges or not. A lawyer experienced in domestic violence cases can anticipate this internal struggle and use it as leverage during negotiations - this might result in plea negotiations to misdemeanor charges or dismissal altogether.
Divorce
Domestic abuse charges against one spouse can have devastating repercussions for their divorce proceedings, with victims fearful their abuser may revoke custody rights or prevent them from seeing their children. A family violence attorney can assist.
Our firm can assist in filing a protective order in either criminal or family court. Documenting abuse as thoroughly as possible allows the court to impose restrictions against an abusive spouse - for instance limiting access to home or restricting contact with specific people - or even ordering the party to leave.
Our clinic collaborates with domestic violence agencies and organizations, such as Unity House Law Project, to represent children involved in family court matters concerning parental alienation or abuse claims. Students work closely with staff from these agencies in providing legal support to Albany County family and Supreme Court proceedings on their behalf.
