Domestic Violence Attorney in Rochester, NY
Experienced Rochester Domestic Violence Lawyer Helping Victims & Those Falsely Accused of Domestic Violence
Domestic violence is a serious crime, and it is more common than you might think. Approximately 10 million people suffer from domestic violence each year. The state of New York takes these crimes seriously, but victims still need attorneys to protect their rights and their lives. If you have been a victim of domestic violence or been wrongfully accused, contact The Cimino Law Firm for a confidential phone consultation.
What Is Considered Domestic Violence in New York?
New York classifies domestic violence as crimes committed by household or family members. This includes people who are legally married, those who share children, and couples who are divorced. People who are in an intimate relationship but not living with their significant other can also commit domestic violence.
Domestic violence includes assault, menacing, stalking, and strangulation. In 2019, the state expanded the domestic violence law to include economic abuse. This includes robbery and identity theft.
These crimes have a lasting impact on victims. From the physical scars to the emotional devastation, it is difficult to recover. The Cimino Law Firm understands that victims need more than legal representation. They need a faithful ally to bring their abusers to justice. We strive to hold abusers accountable for their actions while providing the necessary emotional support to our clients.
Do Both Men and Women Suffer From Domestic Violence?
There is a myth that only women can be victims of domestic violence. However, statistics show that men and women alike suffer from abuse. 33.5 percent of New York men have experienced some form of domestic violence in their lifetimes, compared to 32.3 percent of New York women.
Sadly, men are less likely to report domestic violence. Many believe they won’t be taken seriously, or there aren’t resources to help them. The Cimino Law Firm helps both men and women who have survived domestic abuse. No one deserves to be assaulted. If you have suffered from abuse, it is time to reach out and get help.
The Cimino Law Firm – Advocates for Abuse Victims
If you are a victim of domestic violence, your safety is our primary concern. We will begin by helping you obtain an order of protection. When we file the paperwork, the court will likely grant you a temporary order of protection. We will go back to court to receive a final order of protection. This order of protection will last from two to five years.
The order of protection will help you stay safe. Under the directive, your abuser must avoid contact with you, including phone calls. The order can also include additional stipulations. For example, it might direct the abuser to stay away from the children and move out of the home. It can also order the person not to have a firearm, pay child support, and follow all custody orders.
If the defendant refuses to follow the order of protection, the police will step in. The abuser will likely be arrested. Our legal team can also gather evidence to show the court that the abuser is a danger to you.
Can I File A Civil Suit for Domestic Violence?
The Cimino Law Firm can also help you file a civil suit to collect damages due to the abuse you have suffered. The statute of limitations for filing a lawsuit is two years. You might be eligible to recover economic damages include medical bills and lost wages, as well as noneconomic damages related to pain and suffering. If going to court and seeing your abuser is too painful, an out-of-court settlement is also an option. This allows you to recover your damages without sitting in the same room with the person who hurt you.
What Are My Housing Rights As A Victim of Domestic Violence?
You have certain housing rights as a victim of domestic violence. If someone tries to strip you of those rights, seek legal help.
First, you cannot be rejected housing based on your status as a domestic violence survivor. That includes federally subsidized housing. Unfortunately, this does happen from time to time. Since it is illegal, our firm can file a claim on your behalf.
Second, you cannot be evicted from your home because you are a victim of domestic violence. In the past, landlords could evict tenants who called 911 to report domestic abuse. The eviction was based on nuisance ordinances. Fortunately, New York ended this practice in 2019. You can call 911 and get the help you need without fear of retribution.
You also have the right to remove your abuser from your lease without any penalties. If you are unsure of how to do this, contact our firm for a consultation.
You might need to move for your safety after suffering from violence. This is possible without penalty as long as you have an order of protection. Your landlord might allow you to break the lease after you get the order. If not, the courts will grant you the ability to move without any financial penalties.
What Are My Confidentially Rights as a Victim of Domestic Violence?
If you’re a victim of domestic violence, you might feel like you’re always looking over your shoulder. You are afraid to run into your abuser. Even the ringing phone frightens you because the abuser could be at the other end of the line. New York has confidentiality laws in place to protect you. The Address Confidentiality Program will keep your address confidential. You can also get a confidential phone number and voter registration. Our Rochester domestic violence attorney can help you set this up so you can stay safe after suffering from domestic abuse.
In 2019, Governor Cuomo expanded the confidentiality rights to include absentee ballots. Victims who are concerned about seeing their abusers at their polling centers can submit absentee ballots instead of going to the polling center in person.
What are False Accusations?
Unfortunately, false accusations do occur from time to time. If you have been falsely accused of domestic violence, we can help you prove your case.
Attorneys usually use one of two defenses when dealing with false claims of abuse.
What is an Intentional False Accusation?
Intentional false accusations sometimes occur during divorce or custody disputes. One spouse might claim the other abused him or her to obtain a more desirable outcome with the divorce or child custody arrangement. Generally, persons who make intentionally false claims have holes in their stories. Our Rochester domestic violence attorney will use the discovery process to gather all evidence related to the charge. We will look for inconsistencies in the story to help us prove the accusation was false.
How Is Self-Defense Handled in Domestic Violence Cases?
Sadly, some of our clients have had no choice but to protect themselves. One spouse started hitting them, and they were afraid for their lives, so they fought back. Then they were charged with domestic violence.
We must prove that you were not the aggressor in this situation. That means you could not have done anything to provoke the attack, including threatening harm. If you did anything to incite the violence, it could be difficult to prove that you are innocent. If we cannot prove your innocence, we can discuss potential plea bargains with you to reduce the charges and the punishment.
Protect Your Roughs With The Cimino Law Firm
The Cimino Law Firm has tirelessly advocated for domestic violence victims and those falsely accused of more than 20 years. We offer compassionate legal counsel while doing everything in our power to bring the other party to justice. Whether you need an order of protection, financial compensation, or to fight fraudulent charges, we are here for you.
You can start the process with a simple phone call. We offer confidential phone consultations to all of our clients. We also have two offices in Rochester and Webster, making it easy to see us in person.
Contact us today to learn more about how we can help protect you against domestic violence.