Domestic Violence Lawyer New York, NY

Why Choose the Law Office of Daniel Clement for Domestic Violence in New York, NY?

Four Decades of New York Family Law Practice

Domestic violence cases in New York move through multiple courts simultaneously. A family offense petition filed in Family Court, a criminal proceeding in Criminal Court, and a custody or divorce matter in Supreme Court can all be active at the same time, and what happens in one affects the others in ways that are not always visible at the outset. Daniel Clement has practiced family law in New York, NY since 1986. He earned his J.D. from Brooklyn Law School and has spent four decades navigating exactly these intersections. That accumulated knowledge shapes how we approach every case from the beginning.

He is a member of the New York City Bar Association and served on its Matrimonial Committee, which addresses the most sensitive family law matters that come before New York courts. He has also served as an Arbitrator in the Small Claims Court of the City of New York.

Recognized Across New York’s Legal Community

Daniel has been recognized as a Super Lawyer and received the Best Attorney in Professional Services designation in 2010. In a practice area as consequential as domestic violence law, recognition from the legal community reflects a pattern of effective, careful representation.  

Compassionate Counsel, Grounded in Reality

People experiencing domestic violence often come to us in circumstances that are frightening, disorienting, and urgent. We take that seriously. Our goal from the first conversation is to help you understand what the law can do for you, what the realistic timeline looks like, and what steps will give you the strongest position both immediately and in the proceedings that follow.

We do not minimize what you are facing, and we do not offer false reassurance. What we offer is thorough, direct legal guidance from someone who has handled these matters for a very long time and understands both the law and the practical realities of how these cases develop in New York courts.

Understanding the Full Picture

Domestic violence rarely arrives as an isolated legal event. It is frequently intertwined with custody disputes, divorce proceedings, spousal support issues, and housing. Addressing only one piece of the legal picture can leave you exposed on another front. We take a comprehensive view of your situation from the beginning and advise you accordingly, so that the legal steps you take today do not create unintended complications in the matters that follow.

What Clients Say

★★★★★

“Daniel was extremely professional and responsive to the sensitive nature of my divorce. He was caring, understanding and extremely forthright. His communication skills were spectacular as he kept me updated at all stages of the case. I will recommend Daniel to all of my friends as well as business associates.”

— Brian Mastroberti

Read more reviews on our Google Business Profile.

Types of Domestic Violence Cases We Handle in New York

Domestic violence matters in New York involve overlapping legal systems, each with its own procedures and timelines. The Law Office of Daniel Clement represents victims across all of these proceedings, working to secure protection and preserve your legal rights at every stage.

• Orders of protection. A temporary order of protection can be issued by a Family Court judge the same day a petition is filed, before the other party has any opportunity to respond. We handle petitions for orders of protection through Family Court, Supreme Court, and Criminal Court, and we advise clients on what each type of order covers, its limitations, and how to proceed if a violation occurs.

• Family offense proceedings. Under Article 8 of the New York Family Court Act, a victim of domestic violence can petition the Family Court for relief against a family or household member. We prepare and file these petitions, represent clients at hearings, and advocate for final orders of protection that reflect the actual risk you face.

• Child custody. Child custody arrangements are directly affected by domestic violence findings. New York law requires courts to consider domestic violence as a factor in custody determinations. We represent victims in custody proceedings where an abusive partner is seeking access to children, and we know how courts evaluate these circumstances.

• Emergency custody modifications. When a child’s safety is at immediate risk, emergency applications can be filed to modify existing custody arrangements without waiting for a scheduled hearing. We handle these applications when circumstances require urgent action.

• Divorce. Divorce proceedings involving domestic violence require careful handling. New York courts can consider a history of abuse in equitable distribution. We represent victims whose marriages ended because of abuse and who need skilled advocacy in the property, support, and custody proceedings that follow.

• Spousal support. Economic abuse is a recognized form of domestic violence. Many victims leave a marriage with limited financial resources as a direct result of an abusive partner’s conduct. We pursue spousal maintenance and support rights vigorously on behalf of clients whose financial stability was undermined by their abuser.

• Safety planning and emergency legal relief. When a situation requires immediate legal action, we move quickly. Emergency applications, temporary orders, and urgent filings are part of how we protect clients when time is the most critical factor.

• Lease termination rights. New York law gives domestic violence victims the right to terminate a residential lease without penalty under certain conditions. We advise clients on how to exercise this right and how to document the circumstances properly.

• Post-separation legal matters. The legal needs of domestic violence survivors do not end when separation begins. Violations of orders of protection, attempts to use the court system as a tool of continued control, and post-divorce modification proceedings are all areas where we continue to represent clients who need ongoing protection.

New York Legal Requirements for Domestic Violence Cases

New York has a specific and well-developed legal framework for domestic violence proceedings. Understanding how that framework operates is the foundation of effective advocacy on behalf of victims.

Family offense proceedings are governed by Article 8 of the New York Family Court Act. Under this statute, a person who has experienced domestic violence committed by a family or household member may file a family offense petition in Family Court. The court can issue a temporary order of protection immediately upon filing, before the respondent has received any notice. A full hearing is then scheduled, at which the petitioner presents evidence and the court determines whether a final order of protection should be entered.

The definition of covered relationships under the Family Court Act is broader than many people expect. It includes people related by blood or marriage, those who have a child in common, those who are or were in an intimate relationship, and those who share or have shared a household. New York courts have interpreted the intimate relationship standard to include dating relationships of varying duration, so victims who were not married to or living with their abuser may still qualify for Family Court relief.

The qualifying offenses that can form the basis of a family offense petition include disorderly conduct, harassment in the first and second degree, aggravated harassment, menacing, reckless endangerment, assault, stalking, and criminal obstruction of breathing or blood circulation, commonly referred to as strangulation. Not every harmful behavior qualifies under New York law, and understanding precisely what conduct is covered is important to how the petition is framed.

Orders of protection in New York can be issued by Family Court, Supreme Court, and Criminal Court. Each court’s orders have specific terms and geographic scope. Violations of orders of protection are prosecuted criminally. Under New York Penal Law Section 215.50, criminal contempt for violation of an order of protection is a misdemeanor, and aggravated criminal contempt, which involves physical injury or contact, is a felony.

New York law also provides residential protections for domestic violence victims. Under Real Property Law Section 227-c, a domestic violence victim may terminate a residential lease without penalty by providing written notice to the landlord along with documentation of the domestic violence. This protection is designed to help survivors leave unsafe housing without incurring financial penalties.

The New York State Office for the Prevention of Domestic Violence maintains resources on the legal rights of domestic violence victims across civil and criminal proceedings. These resources complement, but do not replace, individualized legal advice.

Important Aspects of a New York Domestic Violence Case

Acting Quickly Matters

Orders of protection can be issued the same day a petition is filed. When safety is at risk, there is no reason to wait. The first hours and days after a domestic violence incident are often the most legally significant. Documenting what happened, preserving evidence, and filing the appropriate petition promptly can shape the outcome of every proceeding that follows. We move quickly when our clients need us to.

Building a Strong Documented Record

Domestic violence cases turn substantially on evidence. Medical records from treatment of injuries, photographs, text messages and emails from the abuser, voicemails, prior police reports, and accounts from witnesses who observed the abuse or its effects all strengthen a petition for an order of protection and support related custody and divorce claims. We work with clients to identify and preserve all relevant documentation from the beginning of the engagement.

The Intersection With Custody Proceedings

Under New York Domestic Relations Law Section 240, courts are required to consider domestic violence as a factor in custody and visitation determinations. A finding of domestic violence, or credible evidence of it, can affect whether an abusive parent receives custody or unsupervised visitation. We represent victims in custody proceedings where that history is relevant, and we understand how courts evaluate and weigh this evidence.

Economic Abuse and Financial Recovery

Domestic violence frequently includes economic control: preventing a spouse from working, controlling access to bank accounts, accumulating debt in the victim’s name, or undermining earning capacity over time. These patterns matter in divorce proceedings. New York courts can consider economic abuse as part of the equitable distribution analysis, and courts can structure support awards that account for the financial harm caused by an abusive partner. We present this history fully and strategically in the financial proceedings that follow separation.

Safety During the Legal Process

The period immediately following separation is statistically among the most dangerous for domestic violence victims. Filing a legal petition can escalate an abuser’s behavior. We advise clients on safety planning as an integral part of the legal process, not as a separate consideration. We also work with local domestic violence resources and advocates who can provide support that complements the legal protection we obtain.

When Criminal and Family Proceedings Run Together

New York domestic violence cases regularly involve simultaneous proceedings in Family Court and Criminal Court. Statements made in one proceeding can affect the other. A temporary order of protection from Family Court and a separate order from Criminal Court may have overlapping or conflicting terms. Navigating this complexity without experienced counsel carries real risk. We coordinate the family law strategy with an awareness of how the criminal proceeding is developing, so that nothing said or filed in one context inadvertently damages the other.

What Steps Should I Take After Experiencing Domestic Violence in New York?

1. Get to a Safe Location. Your physical safety is the first priority. If you are in immediate danger, call 911. If you can leave safely, do so. New York has domestic violence shelters and safe houses that can provide temporary refuge. The National DV Hotline can connect you with local resources 24 hours a day.

2. Document the Abuse. Photograph injuries as soon as possible. Save text messages, voicemails, and emails from your abuser. Write down what happened, with dates and details, while the events are fresh. If you sought medical treatment, those records are important. Documentation built early is documentation that is available later.

3. Call the Police if a Crime Has Occurred. If your abuser committed an assault, made criminal threats, or engaged in conduct that constitutes a crime, a police report creates an official record. That record can support a family offense petition and related legal proceedings.

4. Consult a Domestic Violence Attorney. Before filing any legal papers or making any public statements, speak with an attorney. The sequence of legal filings, the court you file in, and how your petition is framed all affect what protection you receive and how quickly you receive it.

5. File a Family Offense Petition. Under Article 8 of the New York Family Court Act, you can petition Family Court for an order of protection. The court can issue a temporary order the same day. Your attorney can prepare and file this petition and accompany you to the initial hearing.

6. Secure Temporary Custody Relief if Children Are Involved. If children are present in the household, a temporary order of protection can include provisions that protect their access to you and restrict the abuser’s contact with them. If an existing custody order does not reflect the current safety situation, an emergency modification application can be filed.

7. Understand Your Housing Rights. If you are a tenant and need to leave a shared residence, New York’s lease termination statute for domestic violence victims allows you to end a lease without penalty with proper documentation. Your attorney can advise you on how to exercise this right.

8. Preserve Financial Records. If divorce is likely, gather financial documentation now: tax returns, bank statements, credit card statements, and records of any accounts in your name or held jointly. Economic abuse often includes the concealment or dissipation of marital assets, and having an early financial record is valuable.

9. Plan for the Broader Legal Process. Domestic violence cases frequently lead to divorce, custody proceedings, and support matters. The legal steps you take now lay the foundation for those proceedings. A coordinated legal strategy from the beginning protects you more effectively than addressing each issue in isolation.

10. Follow All Court Orders Carefully. Once orders of protection or custody orders are in place, comply with their terms precisely and keep a record of any violations by the other party. Violations of orders by your abuser should be reported promptly to your attorney and to law enforcement.

Domestic Violence Statistics in New York

Domestic violence is among the most prevalent safety issues in New York and across the country. Understanding its scope helps explain why the legal framework for addressing it is as developed as it is, and why prompt action matters so much.

According to the New York State Division of Criminal Justice Services, New York law enforcement agencies responded to more than 200,000 domestic incidents per year in recent reporting periods. These incidents resulted in tens of thousands of arrests annually. The data consistently shows that domestic violence is reported across all income levels, all boroughs, and all demographic groups.

The CDC National Intimate Partner and Sexual Violence Survey reports that approximately one in four women and one in nine men in the United States experience severe intimate partner physical violence during their lifetime. These are conservative estimates that reflect only cases where the conduct meets the CDC’s definition of severe physical violence and excludes emotional abuse, economic control, and stalking.

The New York State Office for the Prevention of Domestic Violence reports that New York’s domestic violence hotlines receive hundreds of thousands of contacts each year. The volume of calls and shelter admissions reflects the breadth of the problem and the extent to which victims are actively seeking help when accessible resources and legal pathways are available to them.

Research published through the Bureau of Justice Statistics indicates that domestic violence victims who obtain legal protection, including orders of protection and legal representation in related custody and divorce proceedings, report significantly better safety outcomes than those who navigate the system without representation. Access to legal counsel is not a peripheral benefit. It is one of the most meaningful protective factors available to victims.

The period following separation is consistently identified in research as a time of elevated risk. Legal protection sought promptly, including orders of protection and custody arrangements that account for safety, provides a framework that meaningfully reduces that risk for many victims.

New York Domestic Violence Lawyer FAQs

What is a family offense petition in New York?

A family offense petition is a legal filing in New York Family Court that asks the court to issue an order of protection against a family or household member who has committed domestic violence against you. Under Article 8 of the Family Court Act, the court can issue a temporary order of protection the same day the petition is filed, before the other party receives any notice.

How quickly can I get an order of protection in New York?

A temporary order of protection can be issued the same day you file a family offense petition in Family Court. You do not need to wait for a hearing or for the other party to be notified. The temporary order remains in place until a full hearing is held, at which point the court determines whether to enter a final order.

What does an order of protection actually do?

An order of protection directs the respondent to refrain from specific conduct toward you. Depending on the type of order, it can require the respondent to stay away from your home, workplace, and children’s school; have no contact with you in any form; and move out of a shared residence. Violations of orders of protection are treated as criminal matters and can result in arrest.

Can domestic violence affect child custody in New York?

Yes. Under New York Domestic Relations Law Section 240, courts are required to consider domestic violence as a factor in custody and visitation determinations. A history of domestic violence directed at you or at your children can support limitations on the abusive parent’s custody or visitation rights, including supervised visitation arrangements.

Can I get an order of protection if I was in a dating relationship, not a marriage?

Yes. The New York Family Court Act covers people who are or were in an intimate relationship, which New York courts have interpreted broadly to include dating relationships. You do not need to have been married to or living with your abuser to seek relief through Family Court.

What if my abuser violates the order of protection?

A violation of an order of protection is a criminal offense in New York. You should call 911 immediately and report the violation. Keep documentation of all violations, including dates, times, and any evidence, such as messages or witness statements. Your attorney should also be notified so that the violation can be addressed in both civil and family court proceedings.

Can I leave our shared apartment if I have a lease?

Yes. Under Real Property Law Section 227-c, domestic violence victims in New York have the right to terminate a residential lease without penalty by providing written notice to the landlord with documentation of the domestic violence. Your attorney can help you exercise this right properly.

Will domestic violence affect the outcome of my divorce?

It can. New York courts can consider a history of domestic violence as part of the equitable distribution analysis in a divorce proceeding. Economic abuse, interference with earning capacity, and the waste of marital assets are all factors that can affect how property is divided and what support is awarded.  

What is economic abuse, and can the courts address it?

Economic abuse involves a pattern of behavior designed to control a victim’s access to financial resources. This can include preventing employment, controlling bank accounts, taking out debt in the victim’s name, or sabotaging career opportunities. New York courts can consider this history in equitable distribution and support proceedings. We present economic abuse as part of the full picture of the marriage in financial proceedings.

Do I need a lawyer to get an order of protection?

You are not legally required to have an attorney to file a family offense petition, but having one substantially improves the quality of the petition and your representation at the hearing. A well-prepared petition that accurately describes the covered conduct and the relationship between the parties is more likely to result in a meaningful order. We handle these petitions and appear with clients at all stages of the Family Court proceeding.

What if I am afraid to file because I depend on my abuser financially?

Financial dependence is one of the most common reasons victims delay seeking legal protection. It is also one of the things the legal system is designed to address. Spousal maintenance, emergency support orders, and the equitable distribution of marital assets are all tools available to the court. You do not have to choose between safety and financial stability. We help clients understand all of the financial protections available to them as part of the legal process.

How does domestic violence affect visitation if my abuser is the children’s parent?

New York courts can impose conditions on visitation to protect children from exposure to an abusive parent. Supervised visitation, exchanges in neutral locations, and restrictions on overnight visits are all options available to the court. The court’s analysis focuses on the best interests of the child, and a documented history of domestic violence is a significant factor in that analysis.

Is there a difference between a restraining order and an order of protection in New York?

In common usage, these terms are often used interchangeably, but in New York’s legal system they reflect different procedural contexts. An order of protection is issued through Family Court or Criminal Court under specific statutes. A restraining order in the context of a Supreme Court divorce proceeding is issued through that court’s injunctive authority. We handle both, and we explain to every client exactly what the order they have covers and what it does not.

What should I do if my abuser contacts me after an order of protection is in place?

Do not respond to the contact. Document it immediately: save messages, note the date and time, and if the contact was in person, write down the details as soon as possible. Report the violation to law enforcement and notify your attorney. Responding to contact, even to tell the respondent to stop, can complicate the violation proceeding.

How long does an order of protection last in New York?

A temporary order of protection remains in effect until the Family Court hearing. A final order of protection entered after a hearing can last up to two years for most family offense matters, and up to five years for orders based on felony-level offenses. Orders issued in Criminal Court proceedings can last longer in certain circumstances. Your attorney can advise you on the duration and renewal of the specific order in your case.

What to Expect With Your Domestic Violence Case in New York

Every domestic violence case begins differently. Some clients come to us having already called the police and received a temporary order of protection. Others are only beginning to think about legal options. Wherever you are in that process, we start from where you are and build a strategy around your specific circumstances and safety needs.

In the initial consultation, we listen. We want to understand what has happened, your living situation, whether children are involved, and your most immediate concerns. From that conversation, we identify the legal steps that need to happen first, which is usually securing or reinforcing an order of protection, and the steps that follow, including custody protection, support, and, if appropriate, divorce.

Throughout the case, we keep you informed at every stage. You will know what has been filed, what the other side has submitted, and what the next court date involves. We also advise clients on the practical aspects of safety during the legal process. The filing of a petition does not always immediately reduce risk, and we want every client to be as protected as possible both legally and practically while the case is pending.

What Are Important Local Resources for New York Domestic Violence?

The following resources are available to domestic violence victims in New York. This list is provided for general informational purposes only and does not constitute an endorsement of any organization or agency listed.

• NYS DV Hotline provides crisis intervention, safety planning, and referrals to local services. Available 24 hours. Phone: 1-800-942-6906.

• National Domestic Violence Hotline provides confidential support and referrals 24 hours a day. Phone: 1-800-799-7233. Text: START to 88788.

• NYC Family Justice Centers provide co-located legal, social service, and law enforcement resources for domestic violence victims across all five boroughs. Call 311 to connect with the nearest center.

• NYC Family Court handles family offense petitions and orders of protection. Phone: (646) 386-5206.

• Safe Horizon is New York City’s largest victim services organization, offering shelter, legal advocacy, and support for domestic violence survivors. Phone: 1-800-621-HOPE (4673).

• New York State Office for the Prevention of Domestic Violence provides statewide resources, legal rights information, and referrals for domestic violence victims in New York.

Disclaimer: The Law Office of Daniel Clement does not endorse or recommend any of the above-listed resources. This information is provided for general reference only.

Law Office Of Daniel Clement – NYC Family Law Firm

112 Madison Ave Suite 800
New York, NY 10016

Contact the Law Office of Daniel Clement

If you are experiencing domestic violence in New York and need legal protection, we are here to help. You do not need to have all the answers before reaching out. The Law Office of Daniel Clement offers a free initial consultation, and our goal in that conversation is to help you understand your options and take the legal steps that will protect you most effectively.

Daniel Clement has practiced New York family law for more than 40 years. He understands both the urgency and the complexity of domestic violence matters, and he approaches every case with the care and directness the situation requires.

Contact us to schedule your free consultation. Our New York domestic violence lawyer responds promptly to all inquiries.