April, 2020 | Law Offices of Akram Louis

What Is Domestic Violence? 

Domestic violence is abuse or dangers of abuse when the individual being abused and the abuser are or have been in an intimate relationship (wedded or domestic partners, are dating or used to date, or lived respectively, or have a kid together). It is likewise when the abused individual and the harsh individual are firmly related by blood or by marriage. 

The domestic violence laws state “abuse” is: 

Truly hurting or trying to hurt somebody, intentionally or carelessly; 

Sexual assault; 

Making somebody sensibly apprehensive that they or another person are going to be genuinely harmed (like dangers or vows to hurt somebody); OR 

Conduct like harassing, stalking, threatening, or hitting somebody; disturbing somebody’s tranquility; or destroying somebody’s very own property. 

The physical abuse isn’t simply hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from openly coming and going. It can even include physical abuse of family pets. 

Additionally, remember that the abuse in domestic violence doesn’t need to be physical. Abuse can be verbal (expressed), enthusiastic, or mental. You don’t need to be truly hit to be abused.

Domestic violence in Brooklyn is a serious issue. In many cases, the prosecution will offer programs as a component of a plea bargain. While a plea bargain might be the least demanding approach to put a domestic violence matter behind you, a plea may even now leave you with a conviction on your record. We will instruct you on each perspective with respect to an offer: what a program requires, precisely what your introduction is, and precisely what the results are. On the off chance that the case isn’t probably going to be demonstrated past a sensible uncertainty, we will never push you to acknowledge a program. 

We have a reputation for achievement in domestic violence cases. We interview your accuser and different observers to disassemble the body of evidence against you, piece by piece. At that point we manufacture the most grounded conceivable safeguard, using the entirety of the realities and proof. 

Contact our office today to talk about your case with a lawyer.

Wrongdoings of domestic violence commonly involve debates between friends and family. At the point when police react to a call relating to domestic violence, they frequently feel constrained to put someone nabbed—in any event, when there may be a finished absence of proof to help any criminal allegations. 

At times of supposed domestic violence, claimed guilty parties might be arrested as the aftereffect of bogus or overstated charges. In any event, when a supposed casualty says that the individual wouldn’t like to squeeze charges, it is the examiner handling the case that really has the ability to settle on such a choice. 

On the off chance that you were captured for alleged crime of domestic violence, you have to contact Domestic Violence Lawyer in Brooklyn as quickly as time permits for help protecting your privileges and achieving the best result to your case with the least potential penalties.

What ties these different sorts of misuse together is the way that they are typically aimed at another individual from the individual’s family, their main domestic unit. At the point when these things are aimed at strangers, they are known by different marks, for example, 

  • Boisterous attack or provocation 
  • Threatening behavior 
  • Rape 
  • Exasperated ambush 
  • Various different terms, depending on the particulars. 

At the point when these activities are aimed at relatives, however, the expression “domestic violence” is utilized to depict any of the offenses recorded previously. 

On the two parts of the bargains, a domestic violence lawyer ought to be involved in the situation. In the event that an individual needs to report the wrongdoing and, at that point press charges, the person in question will require a lawyer to ensure that the case overcomes court and that the proper punishments are surveyed. In the event that an individual has been blamed for such charges, the person in question additionally needs a lawyer to battle for a reasonable preliminary and that the charges are validated. In situations where domestic violence is accounted for despite the fact that it didn’t occur, a lawyer might have the option to get the excused because of an absence of proof, a declaration that is demonstrated to be inaccurate, and different elements identified with this nature.

In the event that you ask any law authorization official, domestic debates are normally at the highest priority on their rundown of least alluring dispatch calls to react to. Cops are not advisors and have no enthusiasm for endeavoring to intervene in a debate among relatives. When reacting to a domestic violence/unsettling influence call, if there is adequate proof of wrongdoing submitted, the accused will be captured. 

Brooklyn takes a forceful position toward domestic violence. When a capture has been made, it is hard to get those charges later pulled back, regardless of whether the supposed casualty becomes non-agreeable and needs to drop the charges. 

On the off chance that you are confronting a domestic violence charge, it is critical to hold an accomplished lawyer to chip away at your sake to get your charges diminished or dropped. The outcomes of a domestic violence conviction can be extremely serious, including conceivable prison time and untold anguish to the whole family. 

Domestic debates are constantly different and each case normally conveys its own uncommon situation. Moreover, when kids are included, things become much increasingly perplexing.

There are a few manners by which a lawyer can protect the charges. Be that as it may, not every single lawful system will work for your case. It’s essential to talk with your lawyer to figure out which strategy is directly for you.

If you have been charged with domestic violence or if you have had a restraining order filed against you, please contact our Domestic Violence Lawyer in Brooklyn as soon as possible. Our office will work closely with you to resolve your matter and attempt to obtain the best possible outcome for you and your family.

All types of violence, controlling and obsessive behaviors ought to be paid attention to. Domestic Violence is an issue that emerges very regularly during family law partition and court procedures. 

It is a significant issue that influences numerous parts of life, just as figuring vigorously into any separation cases. With components, for example, resources, support, living arrangement, and kids becoming possibly the most important factor, the settlement of a case is probably going to become convoluted rapidly. Domestic violence is the point at which one individual acts such that controls or rules someone else and causes dread for their security and prosperity. 

What Establishes Domestic Violence 

  • Physical or sexual maltreatment (eg. any demonstration or risk of hostility towards another including a pet). 
  • Emotional or mental maltreatment (eg. stalking, controlling contacts, appearance, ridiculing). 
  • Monetary maltreatment (eg. retaining or controlling accounts or taking steps to do as such). 
  • Compromising conduct (eg. causing somebody to feel apprehensive or taking steps to submit self-hurt). 
  • Coercive conduct (eg. compelling somebody to accomplish something they wouldn’t typically do).

Have you been presented with an application for a Domestic Violence Request? Do you wish to make an application for a Domestic Violence Request against another person? Our Best Brooklyn Domestic Violence Lawyers can help you in both of these circumstances. 

It very well may be a troublesome time. Having the help of a legal counselor can diminish pressure and vulnerability. Get in touch with us now for a telephone interview.

Numerous individuals erroneously accept that Domestic Violence is the demonstration of physical violence by men upon ladies. Numerous individuals are astonished to discover that the meaning of Domestic Violence is expansive and can be as straightforward as swearing at an individual or slicing off access to a financial balance. 

Domestic Violence doesn’t just barely happen against ladies. Domestic Violence can happen against men, guardians or kids. 

Domestic Violence is characterized to incorporate physical violence, willful harm, terrorizing, badgering, financial maltreatment, revolting act or dangers of any of the above.

Domestic violence is the demonstration of any:

  • Assault
  • Battery
  • False Imprisonment
  • Sexual Assault
  • Sexual Battery
  • Aggravated Assault
  • Aggravated Stalking
  • Kidnapping
  • Aggravated Battery
  • Stalking

Being blamed for domestic violence is a genuine issue that can prompt serious outcomes. Contingent upon the charges going with the domestic violence charges, you may confront the standard disciplines that apply. For instance, an ambush accuse can bring of its wrongdoing to lawful offense level feelings, which implies overwhelming expenses and conceivable jail time. The court may likewise exhort the person in question or blamed the respondent to petition for a directive.

Domestic violence is an undeniable and intense issue that is unleashing devastation in numerous domestic settings in Brooklyn as well as around the globe. Time after time, close bonds between people get ugly, and what was once glad and adoring connections can unexpectedly become tormented with hatred and ill will.

Our Brooklyn Domestic Violence Lawyers are profoundly experienced with regards to giving a forceful guard for our clients’ sake, just as dealing with sensitive individual issues that are frequently pushed into the public.

There are various domestic violence charges that can be indicted, and our law office is proficient at taking care of each kind with an individual way to deal with conveying results for our customer’s extraordinary needs. It is imperative to get that despite the fact that attack, battery, dangers, and terrorizing are generally unlawful, and indicted accordingly, they are paid attention to considerably more when the supposed casualty is a companion, partner, dating accomplice, or parent of the guilty party’s child. 

Domestic abuse conditions can incorporate, however are not restricted to: 

Physical Abuse – Hitting, slapping, gagging, pushing, kicking, or hurting some other type of physically pernicious conduct 

Monetary Abuse – Stating money related reliance of another by applying unforgiving financial responsibility, requirements, and punishments for unsupported spending 

Sexual Abuse – Forced or compelled to perform sexual acts, or the obscure presentation of such acts 

Obnoxious attack – Verbally abusing, decreasing your character and shouting or screaming 

Social Abuse – Censuring individual connections, using controlling conduct or manipulative strategies that intrude on the agreeable the company of others 

Profound Abuse – Obstructing the act of your religion of decision, or any training that keeps another from community gatherings or strict festivals 

Compromising Conduct – Breaking objects, compromising discourse, and other scaring activities 

Undesirable Correspondence – Hassling or threatening correspondence through calls, messages, emails, or letters.

Every domestic violence case is unique and uncontrollable issues at hand can cause you to feel estranged in the quest for tending to these issues. Reaching an accomplished Brooklyn Domestic Violence Lawyer will furnish you with the consoling insight you have to never feel alone intending to your domestic abuse case.

Nobody in Brooklyn needs to be in a harsh relationship. One of the most widely recognized charges emerging out of domestic debates is a charge for an attack. Any undesirable physical contact can prompt an ambush charge in any circumstance, and in the inwardly warmed conditions of contention between two individuals in a relationship such contact can happen. Basically getting somebody’s arm, hindering somebody’s way, or contacting them in any capacity that they don’t agree on can prompt a criminal accusation for an attack. 

As a general rule, if police are called to your home corresponding to a domestic violence debate, charges will be laid. Police and prosecutorial arrangement presently directs that anybody accused of a domestic violence offense is kept from having contact with the supposed casualty or coming back to the home where the supposed occurrence occurred.

Searching for a Brooklyn Domestic Violence Defense Lawyer? 

Probably the greatest mix-up you can make is to forego legal representation. A few people don’t understand the full effect of the charges. Thus, they don’t see a requirement for a lawyer. 

Shockingly, all domestic violence criminal allegations are dangerous. Your conviction could shield you from finding a new line of work or leasing a house. For a few, the monetary effect of a conviction can cause long haul budgetary pain. 

You need somebody with involvement with domestic violence law to battle for your opportunity. Get in touch with us today to begin.

According to the New York Times, domestic violence is on the rise during the COVID-19 lockdown. Generally, divorce rates and domestic violence goes up whenever couples spend more time together, such as during Christmas and summer vacation. However, given our new reality that requires us to remain at home, it is natural for victims of domestic violence to feel trapped in their home with no other place to flee. The natural question one must ask is, what remedy is available for victims of domestic violence during these trying times?

Victims of domestic violence during the Coronavirus lockdown can visit the NYC Family Justice Center’s website for information and calling NYC’s 24-hour hotline. However, he or she will find that the best solution is to seek an order of protection from family court to prevent further abuse and harassment.

Who Can Apply for an Order of Protection in Family Court and What Must You Demonstrate?
Unlike in criminal court, in order for you to obtain an order of protection in family court, you must first demonstrate that you have a specific relationship with the aggressor as defined in the Family Court Act. More specifically, there must be an intimate relationship with the other person. For example, you can be current or former spouses, have a child together, or related by blood or marriage.

Secondly, you must prove that the other person committed at least one of the many family offense crimes as outlined in Article 8 of the Family Court Act. For example, some of the family offense crimes include, but not limited to, harassment, assault, attempted assault, menacing, stalking, strangulation, and forcible touching.

How to Obtain an Order of Protection in Family Court?
The victim of domestic violence must commence this process in family court by filing a family offense petition. To be successful in obtaining an order of protection, the victim must articulate within the petition specific allegations of the domestic violence and when and where those allegations occurred – in other words, the specific answers to “Who”; “What”; “Where”; “Why”; and “When”.

Also, you must prove that the other person committed certain crimes against you, such as harassment, assault, or menacing.

What Happens Next?
After the family offense petition is filed, the victim may request a temporary order of protection even if there is no proof yet that the Respondent committed any crimes. If the allegations stated in the petition are serious enough, you can request the court to exclude the aggressor from the home. For example, if an aggressor-spouse hits you or destroys personal property, the family court has the discretion to issue an order of protection to remove your spouse from the house.

You can also protect your children from your spouse by including them in the order of protection. To convince the family court to issue an order of protection on behalf of your children, the family offense petition must include allegations of domestic violence that transpired in the presence of the children. Even if your spouse did not physically abuse the children directly, domestic violence that occurs in front of the children causes anxiety and mental stress on the children.

Can I File a Petition in the Family Court During the COVID-19 Lockdown?
Although the family courts are operating on a virtual basis and only accepting emergency cases, victims of domestic violence can still file for orders of protection in family court during the COVID-19 pandemic. During the COVID-19 pandemic, the family court is conducting appearances on skype or over the phone. This includes hearings to determine if your spouse should be excluded from the home.

Contact My Office For a Free Consultation Regarding Obtaining an Order of Protection
The home should be a place of refuge. No one should have to suffer from domestic violence in their place of refuge, especially during the Coronavirus lockdown.

The Louis Law Firm, PLLC is committed to help those who are victims of domestic violence. If you wish to file for an order of protection in family court, or to discuss the possibility of obtaining an order of protection, call the Louis Law Firm at (347) 689-7562 to schedule a free in-depth telephone consultation.

Many New York couples are feeling the pressure right now. Whether it is because they are laid off, or are struggling to keep their small business alive, they are staying home with their significant other during the COVID-19 pandemic. And during this time, they realize that their partner is not right for them anymore. I recently received a call from a wife who is married for six years asking me for information about how to file for a divorce during the Coronavirus lockdown. I asked her why she wants a divorce, and she said “I can’t be in this stressful relationship anymore. We both agree that we are not meant for each other.”

As Governor Andrew Cuomo continues to extend the closure of businesses for non-essential workers, divorce courts are operating only on an emergency basis and are not accepting new divorce filings. But that does not mean that couples have to wait until the lockdown is lifted to start the divorce process. Right now is the time to move towards developing a divorce strategy because the stock market is down and therefore you can lock in the low value of your assets and protect yourself for the future. For example, if you own a business, stock portfolio or retirement accounts, your spouse is entitled to 50 % of what has accumulated from the date of the marriage until the date of the filing of the divorce. But what can you do if divorce courts are not accepting new cases?

Separation Agreement as An Alternative Option to a Divorce

Separation agreements will also lock in the date of the accumulation of marital assets, which can save you money in the long run. I have successfully provided couples that are unable to file for a divorce because of the Coronavirus lockdown in signing a separation agreement and stopping the accumulation of marital assets. When courts eventually reopen, those couples can convert their separation agreement into a divorce and the terms of the separation agreement are incorporated into the judgment of divorce. Couples should consider this option because a separation agreement does not have to be filed with the court and can be drafted in one day.

The Louis Law Firm is open and ready to help you during the COVID-19 lockdown. If you are thinking about a divorce or just want to know the different options you have, do not wait until the courts reopen. Waiting until the lockdown is over to start the divorce process could cost you thousands of dollars. Don’t wait and call The Louis Law Firm at (347) 689-7562 right now to schedule a free strategy session.

Many of my current clients are complaining that their significant other is preventing them from seeing their children. As the country is in lockdown and staying home, many custodial parents are afraid that their children will contract the Coronavirus if they visit the other parent at their home. Thus, family courts are receiving many applications for violations of court ordered visitation.

Non-custodial parents who have court orders of visitation are prevented by the other parent from seeing their children. Thus, non-custodial parents feel helpless because family courts are only accepting emergency cases. Whether the custodial parent is in contempt for violating a court order of visitation is determined on a case-by-case basis. Court orders of visitation are still valid during the coronavirus pandemic and should be followed by the custodial parent. Even though family court is only accepting limited cases, a non-custodial parent can still be heard to enforce the order of visitation by filing an emergency motion for violation and enforcement of the visitation order. Custodial parents do not call the shots. Every parent should have some sort of visitation with their children during the Coronavirus lockdown. At a minimum noncustodial parents should be able to freely video chat with their children.

Custodial Parents

Custodial parents are worried about their children contracting the virus if they leave the home. The question becomes are they required under the order of visitation to take a risk and send the children to visit the other parent, or can they keep their children safely inside with them until this pandemic is over? The answer is it depends. Some children suffer from asthma, weak immune system, low white blood cells, and the non-custodial parent may be exercising poor social distancing. However, the custodial parent should consider taking a legal action to temporarily suspend the visitation order instead of violating the order.

The Louis Law Firm is open and ready to help you during the Coronavirus lockdown. If you need to file an emergency application for visitation or if you just have a question regarding a custody and visitation court order during the COVID-19 pandemic, call The Louis Law Firm at (347) 689-7562 today.