TRO,
Recently, news broke that famous Korean chef Lee Chan-oh was arrested on drug charges, following his marriage and divorce from talent Kim Saerom, which also caused a sensation. During the prosecutor’s investigation, Lee admitted to using drugs due to depression caused by domestic violence and divorce. It is not yet clear whether there is any truth to the allegations of domestic violence between Lee and Kim.
However, regardless of the truth, it is without a doubt that domestic violence can lead to such tragedies. While all violence is harmful, domestic violence leaves the victim with scars that cannot be washed away. Statistics show that domestic violence is a serious social issue. In the United States, an average of 20 people experience physical abuse in their homes every minute. Additionally, one-third of women and one-fourth of men have experienced physical domestic violence at least once in their lifetime. 15% of all violent crimes in the United States are domestic violence, and 19% of domestic violence cases involve the use of weapons.
Unfortunately, a significant number of domestic violence victims do not take appropriate action. This may be due to the reluctance of people to disclose problems within the home. Another reason why some victims do not seek help is the fear that seeking outside help may completely destroy the family. However, sometimes enduring the situation is not an option. The same goes for domestic violence. While each home may have different circumstances, sometimes proactive measures must be taken to protect the family from domestic violence. So, what measures can victims of domestic violence take? The most common measure is a restraining order or order of protection. A restraining order is a court order that restricts the actions of the perpetrator of domestic violence. The court can limit the perpetrator’s actions in a variety of ways, including prohibiting the perpetrator from approaching the victim, prohibiting indirect contact (such as phone calls, text messages, and emails), and even restricting the perpetrator’s access to firearms or alcohol. If there are children involved, the court can also prohibit the perpetrator from engaging in such actions with the children. While the process of applying for a restraining order may vary by state, the general framework is similar. Today, we will look at the application process and precautions for a restraining order in New York State.
In New York, there are several courts that can issue restraining orders, but the two most common are family court and criminal court. The basic differences between the restraining orders issued by family court and criminal court are as follows. First, the applicant is different. In family court, the victim applies directly, while in criminal court, the prosecution applies if it determines that a restraining order is necessary. Additionally, the range of people who can be named as defendants is different. To apply for a restraining order in family court, there must be at least one of the following relationships between the victim and defendant:
(1) they are related by blood or marriage,
(2) they are current or former spouses,
(3) they have children together, or
(4) they are current or former romantic partners.
However, in contrast, there is no limit to who can be named as a defendant in criminal court. That is, even if there is no relationship between the victim and defendant as described above, a restraining order can still be issued in criminal court.
However, as mentioned earlier, the standards for review in criminal court are much stricter than those in family court. Therefore, those considering a restraining order should carefully consider which court to apply to and seek the necessary advice. Additionally, those considering a restraining order due to domestic violence should remember that the definition of domestic violence defined by law is not limited to physical violence. For example, i
n New York, domestic violence includes not only physical abuse but also sexual abuse, emotional abuse, economic abuse, and psychological abuse. An example of our client is as follows. Even after breaking up with her ex-boyfriend, our client was unable to lead a normal life due to numerous phone calls and text messages, etc., which amounted to stalking. Although the two were not currently in a romantic relationship and there was no physical violence, we were able to successfully obtain a restraining order. There is a saying, “Don’t hit with flowers.” Violence that is not a means of defense cannot be justified for any reason, especially domestic violence.
Those suffering from domestic violence should consult with an experienced attorney in family law and restraining orders as soon as possible to learn about the actions they can take.