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Domestic Violence & U.S. Law

Overview
Criminal Law
Family Law
Immigration Law
Orders of Protection
Public Benefits

Khaleda is a 35-year-old woman with two kids and only speaks Bangla fluently. Her husband was recently arrested for a domestic dispute when their children called 911. The children were frightened to see their father beating their pregnant mother with a belt. The police arrived at the scene and arrested Khaleda’s husband and gave her information about Sakhi.

As her husband was taken away by the police, he screamed in Bangla that he would take custody of the children and get her deported. Her husband is a U.S. citizen and so are her kids. However, Khaleda is undocumented. Not knowing what to do when he was taken away, she called Sakhi to learn more about her rights and her options.

The advocate she spoke with explained to her that what was happening was a crime and she did have certain rights. Khaleda was informed about her right to file for VAWA, an order of protection, and how she could file for a divorce and resolve other legal issues. Khaleda was still unsure but was happy to get more information. She called us back a month later wanting to speak with an attorney. Sakhi put her in touch with a legal organization that is currently helping her with her immigration, divorce, and child custody case.

Since Khaleda did not have work authorization and was not fluent in Engish, she needed financial resources independent from her abuser. Sakhi accompanied her to the public benefits office and helped her apply for benefits for herself and her children. Khaleda has received her Order of Protection through Family Court and now lives separately from her husband.

Domestic violence is a crime regardless of one’s immigration status. Threatening someone with deportation is a common tactic used by abusers. Please check with your local domestic violence organization or legal agency to find out if you are eligible for certain kinds of immigration relief.

Overview

A brief overview of the legal system:

The legal system is divided into two areas: civil law and criminal law. Separate courts administrate these two separate areas of the law.

Civil Law – Civil law covers cases/disputes where neither party is accused of a crime. In a civil domestic violence action (.e.g. filing for an Order of Protection in Family Court), you are asking the court to protect you from the person abusing you. You are not asking the court to punish that person for committing a crime. Family Court and Supreme Court fall under the category of civil courts.

Criminal Law – The criminal system covers all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint is where you are charging your abuser with a crime.

Please note that if you get an Order of Protection from Family Court and your abuser violates it, it can be a crime. In that case, though, a judge in Family Court may hear the criminal case instead of a criminal court judge.

What is the legal definition of ‘family offense’ in New York?

Family offense includes any of the following acts when occurring between people who are married, separated, divorced, or are related by blood or marriage.

• Disorderly conduct
• Harassment
• Aggravated harassment
• Stalking
• Menacing
• Reckless endangerment
• Assault
• Attempted assault

Please note that this definition of family offense does not extend to people who were never married or to same-sex couples. However, in those cases, one may be able to get an Order of Protection in criminal court depending on the specific circumstances.

Criminal Law

Is domestic violence a crime? How does Criminal Law protect me? Click here to find out more.

Family Law

What are my options in Family Law? How do I get a divorce, child custody, and alimony? Click here to find out more.

Immigration Law

Click here to learn more about Immigration Law and your rights.

Orders of Protection

Who issues Orders of Protection? What can it do for me? Click here to learn more.

Public Benefits

To find out if you are eligible for food stamps and cash benefits, click here.