Buffalo, New York
It is hard to imagine a more dangerous position than being threatened by your spouse, significant other, or family member. If you feel threatened at any moment, notify the authorities and seek protection as soon as possible. After you are safe, you should get legal assistance from an experienced family offense lawyer in Erie County.
Our family offense attorneys in Buffalo routinely assist individuals throughout Erie County, including Amherst, Cheektowaga, Hamburg, West Seneca, Tonawanda, Grand Island, and more.
Domestic abuse is widespread and harmful, but our legal team knows what legal action to take to protect you and your family. Domestic abuse or criminal conduct in the home can be considered a family offense in Erie County. Harassment, assault, sexual abuse, disorderly conduct, threatening, stalking, endangerment, and criminal contempt are examples of such offenses. It is crucial to remember that this individual does not have to be married or related to the individual who is the victim of domestic abuse for a family offense to occur.
Domestic abuse can affect unmarried couples with children, people in loving relationships, or people who live together. Because family and criminal courts have concurrent jurisdiction, these actions can result in significant penalties and jail time.
Having an advocate on your side might make taking the following measures to remove yourself and your family member(s) from the situation simpler.
An individual can file a Family Offense Petition in family court if they have been physically abused or threatened with violence. The individual must include the offender’s name as well as key facts concerning the alleged mistreatment. These are deemed urgent concerns, and the petitioner may be allowed to appear in court right away. The offender is usually not present in court at the emergency hearing. A judge will determine whether a temporary order of protection should be issued and then establish a hearing date. The offender then gets the opportunity to provide their side of the story and defend themselves in court during this hearing. Following the hearing, the judge will determine whether to issue a permanent injunction.
Specific sorts of protection might be requested based on the allegations made by the individual. For example, if the offender threatened violence, the petitioner may seek an order barring the respondent from entering their home. A family law attorney, like the ones in our Buffalo, NY, office, who is familiar with the procedure of submitting these petitions can assist someone with their family crime case.
Following the hearing, the court will hear both parties’ testimonies. If the claims are not substantiated, the case will be dismissed, and the interim injunction will be revoked. If the allegations are substantiated, the court may issue a final order of protection that includes a wide range of remedies according to the specific incidents in the case. The respondent may be required by the conditions of these protective orders to:
No matter your situation, the respectful, knowledgeable, and experienced attorneys at Tully Rinckey handle your legal representation with sensitivity and care. We protect your rights and fight to help you achieve the legal outcomes you desire. Let us represent you today.
Our family offense attorneys routinely assist parents and families throughout Erie County, including those living in Buffalo, Amherst, Cheektowaga, Hamburg, West Seneca, and more.
To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
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