LEGAL CORNER: Victims Of Domestic Violence Have Many Options

by Nick Pelosino

The State of New York defines domestic violence (DV) as:

A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.

DV impacts the lives of thousands of New Yorkers each and every day with tragic and sometimes fatal results. This type of violence is a crime. Moreover, DV affects the lives of men and women from all backgrounds and circumstances, regardless of race, ethnicity, age, sexual orientation, religious affiliation, socioeconomic status, education, occupation, etc.

If someone has been a victim of abuse, or has been threatened with abuse, they can ask the court for an order of protection – an order to limit the behavior of the person who threatened the harm, or actually committed the harm. This can be accomplished by using our local family courts and filing what is typically called a “Family Offense” petition or by using our criminal courts and having the perpetrator arrested for his criminal conduct.

The State of New York defines “family offenses” as the commission of certain violent and threatening crimes when committed between people who share an intimate relationship.

In determining whether two people are in an intimate relationship, the court may consider the following factors: the type of the relationship, the frequency of the couple’s interaction, and the duration of the relationship. The court may consider additional factors, and the relationship does not have to be sexual in order to be considered intimate.

When a person is charged in Criminal Court with committing a DV crime, or in Family Court for committing a family offense, the court will determine whether a temporary Order of Protection is required. After reviewing allegations of the victim and in some cases, asking the victim questions, the Judge may issue a temporary order of protection upon determining that the victim is in need of protection from the alleged abuser. A temporary order of protection may be issued “ex parte”, which is Latin for “on one side only” and means without notifying the offender prior to the judge issuing the order.

A temporary order of protection may, among other forms of relief, contain provisions that:

a. Require the alleged abuser to stay away from the victim’s home, workplace, or school, stay away from family members or any witness designated in the order;

b. Set a child visitation schedule for a parent;

c. Prohibit the abuser from committing any type of criminal offenses against the victim or his or her family or household member or child;

d. Prohibit the abuser from committing acts that create an unreasonable risk to the health, safety, and welfare of a child or a family or household member;

e. Require the abuser to allow a designated person the right to enter the residence at a specific time to remove personal belongings; and

f. Prohibit the abuser from harming any pet kept by the victim or a child residing in the household.

One of the most important points to remember is that a victim of domestic violence can file a family offense petition in Family Court against the abuser even if the abuser has not been arrested OR the victim can attempt to file a criminal complaint against the alleged abuser in Criminal Court while at the same time filing a family offense petition against the abuser in Family Court.

The reason for having two options available to the victim is because each Court has different burdens of proof and different forms of penalties. Therefore, there are often situations where there may not be sufficient evidence to arrest or convict the alleged abuser of a crime in criminal court, yet there is sufficient evidence to find that the abuser has committed a family offense against the victim in family court.  Therefore, this unique system often allows victims of domestic violence to be protected from the alleged abuser even though there is insufficient proof that the abuser has actually committed a criminal offense.

Finally, if a Family Court or Criminal Court finds that there is sufficient evidence to conclude that the alleged abuser committed a “family offense(s)” or “crime(s)” as the case may be, in addition to various other remedies, the Court can issue a final Order of Protection in favor of the victim which may last for a substantial period of time depending upon the seriousness of the offense committed and whether the order of protection is issued out of Criminal Court or Family Court.

Written by attorney, Nicholas A. Pelosino, Jr., Esq.

Serving our community for over 26 years



  1. Hello! I could have sworn I’ve visited this site
    before but after looking at many of the articles I realized it’s new to me.
    Anyways, I’m definitely happy I came across it and I’ll be book-marking it and checking back frequently!

  2. My spouse and i were really delighted Emmanuel managed to finish up his investigations because of the precious recommendations he gained from your own web site. It is now and again perplexing to simply find yourself giving freely steps that some other people may have been selling. And we also realize we now have you to give thanks to for that. These explanations you have made, the straightforward web site menu, the relationships you assist to engender – it is mostly wonderful, and it is leading our son in addition to us do think this issue is exciting, which is certainly especially fundamental. Many thanks for the whole lot!

  3. hello!,I love your writing very much! proportion we keep in touch more about
    your post on AOL? I require a specialist in this space to resolve
    my problem. Maybe that’s you! Taking a look forward to see you.

  4. Hello! Someone in my Myspace group shared this site with us so I came to take a look. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Wonderful blog and wonderful style and design.

  5. Nice weblog here! Also your web site rather a lot up very fast!

    What host are you using? Can I get your affiliate link on your host?
    I desire my web site loaded up as fast as yours lol

  6. It’s very effortless to find out any matter on net as compared to books, as I found this article at
    this website.

  7. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make
    your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to
    your weblog when you could be giving us something informative
    to read?

  8. I saw a lot of website but I think this one holds something special in it in it

  9. This is a topic which is near to my heart… Thank you!
    Where are your contact details though?

  10. Thanks for finally talking about >LEGAL CORNER: Victims Of Domestic Violence Have Many Options – Niagara Falls Reporter <Loved it!

  11. I enjoy what you guys are usually up too. Such clever work and reporting!
    Keep up the superb works guys I’ve incorporated you
    guys to my blogroll.

  12. It is perfect time to make a few plans for the future and it
    is time to be happy. I have learn this submit and if I may I wish to counsel you some interesting issues or suggestions.
    Maybe you can write subsequent articles relating to this article.
    I wish to read even more issues approximately it!

  13. very good submit, i definitely love this web site, keep on it}

  14. Appreciating the time and energy you put into your website
    and detailed information you provide. It’s great to come across a blog every
    once in a while that isn’t the same unwanted rehashed material.

    Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  15. I have been browsing online more than 3 hours today, yet I never found any interesting article like yours.

    It is pretty worth enough for me. In my opinion,
    if all website owners and bloggers made good content as you did, the
    web will be much more useful than ever before.

  16. I believe this is one of the so much vital information for
    me. And i’m happy studying your article. However should observation on few normal things, The website style is great, the articles is actually great : D.
    Good task, cheers

  17. Thanks for the good writeup. It in reality used to be a entertainment account it.
    Look advanced to more brought agreeable from you! By the way, how could we keep in touch?

  18. I’ve read some just right stuff here. Certainly value bookmarking
    for revisiting. I surprise how much attempt you set to make such a excellent informative web site.

  19. Excellent post but I was wondering if you could write a litte more
    on this topic? I’d be very thankful if you could elaborate a little bit further.


  20. I every time used to study piece of writing in news papers
    but now as I am a user of internet therefore
    from now I am using net for posts, thanks to

  21. You ought to take part in a contest for one of the best blogs on the net.
    I will recommend this web site!

  22. I’m truly enjoying the design and layout of your blog. It’s a very easy on the
    eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer
    to create your theme? Exceptional work!

  23. Remarkable! Its genuinely awesome post, I have got much clear idea on the topic of from this piece of writing.

  24. Genuinely no matter if someone doesn’t know afterward its
    up to other users that they will help, so
    here it happens.

  25. I do believe all the concepts you have introduced to your
    post. They are very convincing and will definitely
    work. Still, the posts are too quick for newbies.
    May you please lengthen them a bit from next time?
    Thank you for the post.

  26. Amazing blog! Do you have any tips and hints for aspiring writers?
    I’m planning to start my own site soon but I’m a little lost on everything.

    Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m
    completely confused .. Any tips? Thank you!

  27. I all the time used to study piece of writing in news papers but
    now as I am a user of web therefore from now
    I am using net for articles, thanks to web.

  28. Fantastic site. Lots of helpful info here.
    I am sending it to several friends ans also sharing in delicious.
    And certainly, thank you on your effort!

  29. This post will help the internet viewers for creating new webpage or even a blog from start to end.

  30. Howdy! I simply want to offer you a huge thumbs up for your great info
    you’ve got right here on this post. I am returning to your site for
    more soon.

  31. The other day, while I was at work, my sister stole my iphone and tested to see if it can survive a twenty five
    foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83
    views. I know this is totally off topic but I had to share it with someone!

  32. Today, I went to the beach front with my
    kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She
    put the shell to her ear and screamed. There
    was a hermit crab inside and it pinched her ear.

    She never wants to go back! LoL I know this is entirely off
    topic but I had to tell someone!

  33. Hello, the whole thing is going well here and ofcourse every one is sharing data, that’s in fact excellent, keep up writing.

  34. WOW just what I was searching for. Came here by searching for travel deals

  35. I just couldn’t leave your website prior to suggesting that I really loved the usual
    information an individual provide to your guests? Is going to be again incessantly in order to check up on new posts

  36. Hello! This is my 1st comment here so I just wanted to give a quick shout out and tell you
    I truly enjoy reading through your articles. Can you recommend any other blogs/websites/forums
    that cover the same topics? Thanks a lot!

  37. I like the valuable info you provide in your articles.
    I will bookmark your blog and check again here frequently.
    I’m quite sure I will learn many new stuff right here!
    Best of luck for the next!

  38. When I originally commented I clicked the “Notify me when new comments are added” checkbox
    and now each time a comment is added I get three emails with the same comment.
    Is there any way you can remove me from that service?

  39. Hi to every single one, it’s truly a good for me to pay a visit this website, it consists of priceless Information.

  40. Magnificent beat ! I wish to apprentice whilst you amend your web site, how could i subscribe for a blog site?

    The account helped me a acceptable deal. I were a little bit familiar of
    this your broadcast provided vivid transparent idea

  41. Cialis Generika Kaufen Wo [url= ]cialis[/url] Over Seas Orders For Vardenafil
    Mail Order Toprol Xl Buy Minocycline I Line On Line Find Genaric Cialis 800mg.
    Propecia Low Price cialis Amoxicillin And Vomiting

  42. I really like reading an article that can make men and women think.
    Also, thanks for permitting me to comment!

  43. You’ve made some really good points there.
    I looked on the internet for more information about the issue and found most individuals will go along with your views on this web site.

  44. Viagra Schweiz Rezept [url= ]online pharmacy[/url] Amoxicillin Use For
    Viagrawithoutprescription.Us Priligy 30 Mg Abuso De Kamagra
    Generic Levitra Buy Online online pharmacy Discount Isotretinoin Best Buy No Prescription Needed Store Nebraska

  45. hey there and thank you for your info – I have certainly picked up something new from right here.
    I did however expertise some technical issues using this website, since I experienced to reload the web site lots of
    times previous to I could get it to load correctly.
    I had been wondering if your web host is OK? Not that I’m complaining, but slow loading
    instances times will sometimes affect your placement
    in google and can damage your high quality score if advertising and marketing with Adwords.

    Anyway I’m adding this RSS to my e-mail and can look
    out for a lot more of your respective fascinating content.

    Ensure that you update this again soon.

  46. Hi there, I do think your web site could possibly be having internet browser compatibility problems.
    Whenever I take a look at your web site in Safari, it looks fine however, when opening
    in Internet Explorer, it’s got some overlapping issues.

    I just wanted to provide you with a quick heads up! Aside from that, wonderful blog!

  47. I’m truly enjoying the design and layout of
    your blog. It’s a very easy on the eyes which makes it much more pleasant for me to come here
    and visit more often. Did you hire out a designer to create your
    theme? Superb work!

  48. I am sure this post has touched all the internet users, its really really nice post on building up new weblog.

  49. Way cool! Some extremely valid points! I appreciate you penning this
    post and also the rest of the website is extremely good.

  50. Its like you read my mind! You seem to know so much about this, like you
    wrote the book in it or something. I think that you can do with
    some pics to drive the message home a bit, but other than that, this
    is excellent blog. An excellent read. I will certainly be back.

  51. Some genuinely excellent info , Gladiolus I detected this. “Absence is to love what wind is to fire it extinguishes the small, it enkindles the great.” by Comte DeBussy-Rabutin.

  52. Neat blog! Is your theme custom made or did you download it from somewhere?
    A design like yours with a few simple adjustements would really make my
    blog stand out. Please let me know where you got your design. With thanks

  53. When I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox
    and now every time a comment is added I get four emails with the same
    comment. Is there a way you are able to remove me from that service?
    Thank you!

  54. It’s the best time to make some plans for the future and it’s time to be happy.
    I’ve read this post and if I could I wish to suggest you some interesting things or
    suggestions. Perhaps you could write next articles referring to this article.
    I desire to read even more things about it!

  55. I am sure this article has touched all the internet visitors, its really
    really nice paragraph on building up new weblog.

  56. I just could not depart your web site before suggesting
    that I actually enjoyed the standard info an individual provide on your
    visitors? Is going to be again frequently to check out
    new posts

  57. Cialis Online Mastercard O Comprare Kamagra [url= ]cialis[/url] Cialis Professional Dosage Viagra Prescription Only

  58. Howdy, i read your blog from time to time and i own a similar one and
    i was just curious if you get a lot of spam comments? If so how do you stop
    it, any plugin or anything you can suggest? I get so much lately it’s driving me insane so any support is very much

  59. Heya i’m for the first time here. I came across this board and
    I to find It really useful & it helped me out much. I’m hoping to offer one thing again and aid others like you helped me.

  60. You actually make it seem really easy with your presentation however I in finding this topic
    to be really one thing which I think I’d by no means understand.
    It kind of feels too complex and extremely extensive for me.
    I’m looking ahead in your subsequent submit, I’ll attempt
    to get the dangle of it!

  61. Viagra Samples From The Us Amoxicillin Bp 500 Mg [url= ]buy cialis[/url] Amoxicillin Pregnancy

  62. I get pleasure from, lead to I found just
    what I used to be having a look for. You’ve ended my four day lengthy hunt!
    God Bless you man. Have a great day. Bye

  63. Wow! Finally I got a website from where I be capable of
    genuinely get helpful data regarding my study and knowledge.

  64. Terrific article! That is the type of information that are meant to be shared
    across the web. Shame on Google for not positioning this publish upper!
    Come on over and discuss with my web site . Thanks =)

  65. Everything is very open with a precise clarification of
    the issues. It was truly informative. Your website is very useful.
    Many thanks for sharing!

  66. Do you mind if I quote a few of your posts as long as I provide credit and sources back to your webpage?
    My blog is in the very same niche as yours and my visitors would truly
    benefit from some of the information you present here.

    Please let me know if this ok with you. Thanks!

  67. Hello! Do you use Twitter? I’d like to follow you if that would be okay.
    I’m definitely enjoying your blog and look forward to new updates.

  68. Pretty section of content. I just stumbled upon your web site and
    in accession capital to claim that I get actually enjoyed account
    your weblog posts. Any way I will be subscribing in your feeds
    or even I success you get right of entry to consistently

  69. My partner and I stumbled over here coming from a different web address and thought I may as well check things out.
    I like what I see so now i am following you.
    Look forward to going over your web page again.

  70. Hello colleagues, how is the whole thing, and what you wish for to say
    on the topic of this piece of writing, in my view its
    in fact awesome for me.

  71. This paragraph will assist the internet people for setting up new website or even a weblog from start to end.

  72. Allergic Reaction Keflex Cyklokapron No Prescription [url=]viagra[/url] Precio Del Viagra En El Levitra Generika Wo Kaufen

  73. WOW just what I was searching for. Came here by searching for developing heart disease

  74. Hello, i think that i saw you visited my weblog so i came to “return the favor”.I am attempting to
    find things to improve my site!I suppose its ok to
    use a few of your ideas!!

  75. Good day! I could have sworn I’ve been to
    this site before but after checking through some of the post I realized it’s new to me.
    Anyhow, I’m definitely glad I found it and I’ll be book-marking and checking back often!

  76. Propecia Similares Viagra Made In Canada [url=]generic levitra l tabs[/url] Dove Acquistare Levitra Sicuro Fedex Macrobid 100mg Get Website Viagra Online Bestellen In Deutschland

  77. Hey would you mind sharing which blog platform you’re working with?
    I’m planning to start my own blog soon but I’m having a tough time deciding between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your design and style seems different then most
    blogs and I’m looking for something completely unique.
    P.S My apologies for being off-topic but I had to ask!

  78. Hi mates, good article and good urging commented
    at this place, I am truly enjoying by these.

  79. It’s awesome to pay a quick visit this web page and reading
    the views of all friends about this post, while I
    am also zealous of getting know-how.

  80. I couldn’t resist commenting. Exceptionally well written!

  81. Hi there! I could have sworn I’ve been to this site before but after browsing through some of the post I realized it’s new to me.
    Anyhow, I’m definitely glad I found it and I’ll be bookmarking and checking back frequently!

  82. Acheter Cialis Pour Femme Bestellen Viagra [url=]viagra online prescription[/url] Boutique Cialis Ou Acheter Cialis Serieux

  83. Link exchange is nothing else except it is simply placing the other person’s
    weblog link on your page at suitable place and other person will also do similar in favor of you.

  84. I’ve been exploring for a bit for any high-quality articles or weblog posts on this kind of house .

    Exploring in Yahoo I eventually stumbled upon this website.
    Reading this information So i am satisfied to show that I have a very excellent uncanny feeling I discovered exactly what I needed.
    I most without a doubt will make sure to don?t forget
    this website and give it a glance regularly.

Leave a Reply

Your email address will not be published. Required fields are marked *


Scroll Up.wpzoom (color:black;}