Over the course of the last 10 years, the courts and legal system have made it increasingly easier for victims of domestic violence to get help and are also taking into account how it affects children.
Jerome A. Wisselman and Jacqueline Harounian, partners at the Great Neck law firm Wisselman, Harounian & Associates, P.C., said that one course of action available to domestic violence victims is to obtain an order of protection, which they said are easier to get from the court system. In the past, there had to be medical evidence before one could be obtained, whereas now a threat is enough to get one.
“In the family court system you can get an order of protection against anyone in the household,” Harounian said. “The family court is often used by parties that are not married. The family court is very accessible for parties who are not married.”
Special consideration is also given if there is a child living in the house, even if the abuser is not directly harming them, although Harounian said that there is a strong correlation between domestic violence and child abuse.
Within the last 10 years, Wisselman also said that if a complaint is made against someone for violating an order of protection, police have a “must arrest policy.” This means that even if the police arrive and the victim changes their mind, the violator will still be arrested.
Another legal step that can be taken is getting a stay away order. Through this, the perpetrator is required to leave their home and is not allowed to return until the matter has gone before a judge.
“That is a very powerful document,” said Harounian, adding that it gives the victim control and freedom to live in their home without the alleged abuser.
The courts are also now mandated to consider domestic violence during child custody cases.
Wisselman and Harounian said that many times taking such actions can be a precursor to a divorce action. They said that it is a very big step for victims when they first come into their office and that in doing so they are acknowledging that they have to do something about their situations.
Noticing that many such clients were also working with mental health professionals, Wisselman and Harounian’s law firm has been holding workshops with such professionals for seven years. By doing so, Wisselman said they are able to reach more people because of the number of individuals the attending professionals work with.
The workshops not only educate attendees about issues related to domestic violence victims and the legal system, but also educate them about how mental health professionals are mandated reporters of child abuse. Harounian said that they are potentially liable if they do not report it.
“It’s very important that if they see something suspicious they report it, even if they’re not sure that it meets the definition of child abuse,” she said.
Nicole Baker, the Executive Director of the Boro Pregnancy Counseling Center in Flushing, recently attended her first workshop through Wisselman, Harounian & Associates, P.C. She said that she learned new information about the process that domestic violence victims go through in the courts.
“It’s always helpful for someone in that situation to know what they’re dealing with,” Baker said, adding that she will be able to assist her clients during the process with better decision making while alleviating some of their anxiety.
Wisselman, Harounian & Associates, P.C. will conduct their next workshop on Friday, June 13 at the Port Washington Yacht Club. For more information, visit www.lawjaw.com.