Unfortunately, domestic violence is becoming more prevalent in many of the matrimonial cases. It seriously affects, not only the custodial decision as to who is going to have custody of the children but the monetary implications of the divorce as well.
Fortunately or unfortunately, one of the tools that has been used and misused is the Temporary Orders of Protection, and subsequently the Permanent Orders of Protection. There are many times when one spouse tries to use that as a weapon, as opposed to a shield, against the other spouse, trying to extort or gain an economic tactic over the other spouse.
It is important to have an attorney, who is well-versed both in the criminal, as well in the matrimonial spheres of law so that you know how to put together the order of protection, and you know how to defend against it because very few civil attorneys have the expertise to put forth a proper case, which is based on penal law sections. Only 17 of them are currently acknowledged to be allowed by the courts in order to be able to prosecute or defend these things accurately, which is extremely important in these cases.
You need an attorney that has experience in both areas, and this firm has over 100 years’ experience practicing in both the criminal and matrimonial fields so please feel free to contact Penichet & Alberga LLP for legal counsel about this matter.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.