Allegations of Domestic Violence

Allegations of Domestic Violence Allegations of domestic violence, child abuse and spousal abuse are taken seriously by the Family Court, and by the civil and criminal branches of the Supreme Court in New York State. These courts will grant Orders of Protection (“Restraining Orders”) to victims against their abusers. Such orders are critical to ensure a victim’s safety, by forcing the abusing spouse to leave the marital residence and to “stay away” and refrain from communications with the abused spouse and children.

Complex Behavior

Domestic violence involves complex behavioral issues which profoundly affect the entire family. Such behaviors include physical assault, sexual assault, verbal abuse, isolation, financial control or intimidation tactics. In situations where physical assault has not yet occurred, there are other, more subtle behaviors of the abuser which the experienced family law attorney should be able to recognize. For example, abusers can appear confident, calm and charming when examined by a forensic psychologist.

Legal Help Dealing With Issues of Violent Conduct in a Family

Ingrid Gherman is a skilled family law attorney; she has helped people throughout New York State and the greater New York City area with domestic violence issues and other family law and divorce matters since 1984. She fights aggressively to protect her clients’ interests. Ms. Gherman represents clients on both sides of the domestic violence issue. She knows how the law applies to the victim and to the abuser, is committed to her clients, and will pursue every legal option available.

False Allegations

Sometimes, spouses intentionally make false allegations of domestic violence in order to manipulate the courts to grant them exclusive possession of the family home and/or to limit the other parent's access to the children. Such a misuse of the legal system has serious consequences. Ingrid Gherman frequently represents spouses falsely accused of committing domestic violence.

If you are accused of committing domestic violence, Ms. Gherman will thoroughly investigate the accuser’s claims and seek to disprove any false accusations. She can also deal with visitation schedules, custody rights and support issues. Schedule a consultation with Ms. Gherman to discuss your case by calling (212) 941-0767 or by submitting the form on this website. She will take the time to listen to your concerns and help you understand the legal issues involved and advise you how she can help and what the best strategy should be.

Filing a Family Offense Petition

When a victim of domestic violence files a family offense case it can seriously jeopardize the victim’s safety. Thus, safety risks should be carefully assessed before pursuing relief from the court. For example, a victim who leaves an abusive relationship and maintains a confidential address will be required to disclose his/her confidential location to the court; this disclosure may jeopardize the person’s safety. The filing of a family offense petition can motivate the abuser to retaliate and file a cross-petition alleging to be the victim of domestic violence, requesting an Order of Protection. New York courts are reluctant to grant mutual Orders of protection because abuser spouses maliciously seek to have the victims arrested, based on false charges, in order to intimidate them, control them and discourage them from seeking family court relief.