New York Criminal Procedure Law § 440.47(1), known as the Domestic Violence Survivors Justice Act (DVSJA), allows the sentencing criminal court to resentence a domestic violence survivor who suffered sexual, psychological or physical abuse that contributed to his or her conviction if certain, specific criteria are met. Seven factors determine eligibility, and the application process […]
Category Archives: Domestic Violence
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May
May
Child custody cases can be emotionally charged and complex, especially when domestic violence is involved. In Rochester, NY, there are specific laws and procedures in place to ensure that the safety and well-being of the child are given top priority. The impact of domestic violence on children is significant and can have lasting effects on […]
03
May
May
Domestic violence is a serious issue that affects many families in Rochester, NY. When a spouse is subjected to domestic violence during a marriage, it can be difficult to leave the situation and seek legal protection. Fortunately, restraining orders can be a powerful tool in protecting victims of domestic violence during and after a divorce. […]
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Jun
Jun
When you need protection from someone, the law can step in and help. Here are the restraining order effects that can protect you. Restraining Order Effects | Ex Parte People come into our office and ask, “What is a restraining order?” A restraining order is generally issued by a court – and it can be […]
04
Nov
Nov
People come to see me as an experienced Rochester Domestic Violence Lawyer and ask, “What is a restraining order?” A restraining order is generally issued by a court – and it can be issued by one of our local town, village, or city courts. It can also be issued by the family court where a complaint to […]
Sometimes alcohol can cause problems far beyond a drunk driving arrest. In the case of James D. Power of Memphis, New York, a very bad night began with a phone call to police, in which a woman reported that Power had prevented her from leaving the home and physically harassed her. By the time police […]
If you’ve been offered a plea deal by the prosecutor in any criminal matter, but especially in a domestic violence case, you should consult an experienced Rochester criminal defense attorney right away. While many people see the word “misdemeanor” and assume that the reduced charge they’ll plead to is not a big deal, that’s not […]
One of the serious and ongoing issues with New York’s domestic violence laws is that an order of protection can be instituted with relatively little effort, but lifting an order of protection can be almost impossible. Prosecutors and judges will always err on the side of safety, and if they have any concerns about a […]
A history of domestic violence in a relationship can factor into the divorce in several ways. First of all, you’ll have strong grounds to ask the court to remove your spouse from your marital residence when you file. Basically the only issue that gives New York judges the right to remove one party from their […]
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