Domestic Violence & Family Law

Are you a survivor of domestic violence and need legal help? Do you need help with a family court matter? Legal Services NYC provides FREE holistic legal assistance to low-income individuals to help them lead safer and more stable lives.  

Our attorneys can assist with matters including divorce, custody, visitation, child support, orders of protection, defending against allegations of child neglect, assistance with child welfare proceedings, and other related matters. We also have social workers on hand who partner with our attorneys to help the client navigate the experiences of the legal system by providing counseling and case management support, safety planning, advocacy, and referrals.  Our teams focus on providing trauma informed and culturally responsive services in order to serve the client in the most effective way possible, reduce victimization, and promote safety. 

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

Frequently Asked Questions

---

How can I file an order of protection?

An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection. An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to stay away from you and your children, move out of your home, follow custody orders, pay child support, not have a gun, etc.

To start a proceeding in Family Court, you need to file a form called a “Family Offense petition.” The person filing the petition is called the “petitioner,” and the person the petition is filed against is called the “respondent.” You can contact the Family Court in your county for help completing and filing the petition. You may also wish to speak with an attorney or domestic violence advocate before filing.

For information specific to filing an order of protection in New York City, visit the Family Court Website.

Will getting an order of protection make the other person lose their job or immigration status?

Getting an order of protection or taking other legal action against a partner/ex-partner who is making us unsafe can be complicated, especially when we are not sure what control we have over how the legal system will respond to the person putting us in danger.  There may be some instances where an order of protection can lead to consequences with work, immigration, housing, or other areas for the person who it is against.  Sometimes it is clear what those consequences will be while in other cases there is no guarantee.  Regardless, if someone is putting you in danger, you have a right to seek safety including through court intervention.  Our attorneys can help you to consider all of the factors and understand the risks and benefits so that you can move forward with your decision with more clarity and confidence.  Our family units are knowledgeable about the dynamics of domestic violence and can provide a listening ear and meaningful guidance and advice with respect for your concerns and without judgment for your considerations.  

What are neglect and/or abuse fact-finding hearings in family court? 

If ACS takes you to Family Court for child neglect or abuse, they must prove their case. ACS tries to do that at a Fact-Finding hearing in the case. You can get a free lawyer from the court if you cannot afford one to fight ACS’s case. Less strict rules about what type of evidence and how much evidence is needed to prove neglect or abuse are used in Family Court. At the end of the fact-finding hearing, the Family Court judge will decide if you are responsible for a child having been neglected or abused. Even if the judge decides you neglected or abused a child, that does not mean the children cannot stay home with you or that they will never return to you if they are in foster care. And you can appeal the judge’s order. 

Do I have rights in family court if I am not a citizen or do not have an immigration status? 

Yes, even if you have no immigration status, you have rights here in New York/New York City.  You can start a case in court for reasons like the ones mentioned above, you can seek out a lawyer or ask the court to provide you one if you cannot afford one (though it is not guaranteed), and you can fight your case just like anyone else.  Sometimes, the outcome of a case could possibly have consequences related to your immigration status or if you have a pending immigration case.  If you have concerns about this, our attorneys are available to review your situation and provide advice to help you make an informed decision about any legal action you are considering or responding to. 

Am I still able to ask for/have custody of my children if I am living in shelter or unemployed? 

Yes, being homeless (whether living in shelter or with family/friends) and/or having low income or no income are not in and of themselves reasons for you the court to deny you custody or other rights to your children. The court may consider these, but will also look at many other factors.  Many parents who are in the shelter system, otherwise homeless, under employed and unemployed have been able to obtain and maintain custody of their children, meaningful visitation, and other needed outcomes.  Our attorneys can address these concerns with you and identify what other factors are relevant to your situation and what you actually need to focus on in order to strengthen your case.  

Can mediation help me resolve my divorce or custody matter more quickly?

Divorce doesn’t have to involve stressful and prolonged litigation. Divorce mediation is a great avenue to find common ground without the challenges of going to court. During the process of mediation, a mediator helps you design an agreement between you and your spouse. Mediation sessions take place via video conference (Zoom). If you have a smartphone, you can use it to participate in the mediation session. In the case of divorce, the mediator will file your signed agreement with the courts so a judge grants you a divorce judgment and you will not have to appear before a judge. The process is only on paper.  In cases of parenting time/child support between unmarried parents, one of the parents will need to file a petition in Family Court to ask a judge to “so order” the agreement, which means that the agreement is now as if a judge made the decisions, but you made the decisions.

 Learn more here. 

Is my employer required to give me paid leave?

Both New York State and New York City have laws providing certain types of paid leave to covered, eligible employees. New York State has laws about Paid Family Leave and Paid Sick Leave. New York City has a Paid Safe and Sick Leave Law.  

• Paid Family Leave is leave to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service. It does not provide paid leave for an employee’s own serious health condition.  

• Paid Sick Leave can be used for the care, treatment, or diagnosis of an employee’s own mental or physical illness, injury or health condition, or that of their family member for whom they are providing care or assistance. Paid Safe Leave can be used to seek legal and social services assistance if the employee or a family member is the victim of domestic violence.

• The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid job-protected leave for an employee’s own serious health condition; the birth, adoption, or foster placement of a child; the care for a child, spouse, or parent who has a serious health condition;and certain reasons relating to a family member’s service in the military. 

Learn more here.

Learn more here.