Best Domestic Violence Lawyers in Buffalo

About Domestic Violence Law in Buffalo, United States

Domestic violence in Buffalo is governed primarily by New York State law and enforced locally by Buffalo police, the Erie County District Attorney, and the state and local courts. Domestic violence can include physical assault, threats, stalking, sexual abuse, harassment, and coercive control between people who have an intimate or household relationship. Cases may be handled in criminal court when prosecutors bring charges, and in Family Court when victims seek civil remedies such as orders of protection, custody or support. Both criminal and civil routes are available at the same time and can affect each other.

Why You May Need a Lawyer

Domestic violence situations often involve urgent safety needs, complex legal procedures, and consequences that affect criminal records, child custody, housing, employment, and access to firearms. You may need a lawyer if any of the following apply:

- You have been physically assaulted, threatened, stalked, or otherwise harmed by an intimate or household partner.

- You are considering or have obtained an order of protection, or the other party has obtained one against you.

- Criminal charges have been filed or you were arrested in connection with a domestic incident.

- Child custody, visitation, child support or guardianship matters arise alongside domestic violence allegations.

- You need help understanding your rights regarding housing, employment protections, firearm surrender, or records-sealing options.

- You need legal representation for court hearings, plea negotiations, or appeals, or you want help gathering and presenting evidence for safety hearings.

Local Laws Overview

Key features of how domestic violence law operates in Buffalo and New York State include:

- Criminal Prosecution: Assault, criminal obstruction, harassment, stalking, strangulation and sex offenses can be charged when domestic violence occurs. Charges are brought by the prosecutor and can be pursued even if the victim does not want to press charges.

- Orders of Protection: Victims can seek orders of protection in Family Court by filing a family offense petition, or in criminal court if a defendant is charged with a crime. Orders can be temporary and issued without the respondent present, and later converted to a full order after a hearing.

- Family Court Remedies: Family Court can address orders of protection, custody, visitation, child support, and related matters. Family Court addresses safety and family law needs with a lower burden of proof than criminal court.

- Evidence and Hearings: Civil family court hearings use a preponderance of the evidence standard, while criminal cases require proof beyond a reasonable doubt. Evidence may include medical records, photos, text messages, social media posts, 911 recordings, witness statements and law enforcement reports.

- Firearm Restrictions: Orders of protection often include firearm surrender provisions. New York and federal law restrict firearm possession for people subject to certain protective orders and for people convicted of felonies and certain domestic violence misdemeanors. Courts can order surrender and storage of weapons.

- Police Response: Police respond to domestic incidents and may arrest if there is probable cause to believe a crime occurred. The prosecutor decides whether to file charges. If children are involved, additional child welfare procedures or mandatory reporting may apply.

- Confidentiality and Safety Measures: Courts and service providers can take steps to protect victim privacy and safety, including redaction of addresses in some filings, in-camera hearings for sensitive testimony, and safety planning with victim advocates.

Frequently Asked Questions

How do I get an order of protection in Buffalo?

You can request an order of protection by filing a petition in Erie County Family Court or by asking a prosecutor to request one in criminal court when charges have been filed. Courts can issue emergency temporary orders without the other party present and hold a hearing later to decide a longer-term order.

Who can get an order of protection?

People who have certain family or intimate relationships with the alleged abuser can seek protection. This typically includes spouses, former spouses, people who dated, people who live or lived together, parents of the same child, and close family members in some circumstances. A lawyer or court staff can help determine eligibility.

Will the police always arrest someone at a domestic incident?

Police will investigate domestic incidents and will arrest if they have probable cause to believe a crime occurred. Arrest decisions depend on the facts, evidence and officer judgment. Arrest can occur even if the victim asks officers not to arrest, and prosecutors may choose to pursue charges regardless of the victim's wishes.

Can an order of protection affect child custody and visitation?

Yes. Orders of protection can include provisions that limit contact, require supervised visitation, or create specific terms for custody and parenting time to protect the child and the victim. Family Court is the primary venue for resolving custody and visitation disputes involving domestic violence.

How long does an order of protection last?

Length varies by case. Temporary emergency orders may last only until the court hearing, while final orders can last months or years depending on the judge's decision. The court will state the exact duration in the written order.

What happens if the respondent violates an order of protection?

Violating an order of protection is a crime and should be reported to police immediately. The respondent can face arrest, criminal charges, fines, and jail time, and the violation can affect custody and other legal matters.

Can I drop criminal charges or a petition for an order of protection?

In criminal cases, the victim's request to drop charges is considered but the prosecutor controls whether to proceed. In Family Court, a petitioner can request dismissal, but the court may still act to protect children or public safety. Talk to a lawyer or advocate before deciding to withdraw a petition or statement.

Do I need a lawyer for Family Court or criminal court?

You are entitled to an attorney in criminal proceedings. In Family Court, there is no automatic right to a lawyer, but you should seek legal assistance, especially where custody, support, or complex safety issues are involved. Free or low-cost legal help may be available through local legal aid organizations.

What should I do to protect myself right now?

Prioritize your immediate safety. If you are in danger, call 911. Preserve evidence by saving photos, messages, medical records and any documents. Consider a safety plan, tell a trusted person where you are, and contact a local domestic violence program or advocate for confidential help and shelter options.

Where can I find legal help if I cannot afford a private lawyer?

Legal aid and nonprofit organizations provide free or low-cost legal services in Buffalo and Erie County. The Erie County Family Court clerk, local legal clinics, and domestic violence programs can provide referrals to attorneys and advocates who help with emergency orders, custody matters and criminal defense or victim representation.

Additional Resources

For anyone dealing with domestic violence in Buffalo, consider contacting or learning about the following types of resources and organizations:

- Buffalo Police Department and local law enforcement for immediate emergency response.

- Erie County District Attorney's Office for information about criminal charges and victim services.

- Erie County Family Court for filing family offense petitions, custody and support matters.

- Local legal aid organizations and pro bono clinics for free or reduced-fee legal representation.

- Domestic violence shelters and advocacy organizations in the Buffalo-Erie County area for safety planning, shelter, counseling and accompaniment to court or medical visits.

- New York State Office for the Prevention of Domestic Violence and the New York State Coalition Against Domestic Violence for statewide guidance, victim services and resources.

- National Domestic Violence Hotline for 24-hour confidential support and referral services.

Next Steps

If you need legal assistance related to domestic violence, take these steps:

- Ensure immediate safety. If you are in danger, call 911 or go to a safe location.

- Document the abuse. Keep records of incidents, photos of injuries, medical and police reports, text messages and other communications that show threats or harassment.

- Seek medical care for injuries and ask providers to document treatment.

- Contact local domestic violence advocates or hotlines for safety planning and emotional support. Advocates can accompany you to court and help with steps to obtain protection.

- Consider filing for an order of protection in Family Court or asking the prosecutor to seek one in criminal court. A lawyer or advocate can help with the paperwork and court process.

- Consult an attorney as soon as possible. If you cannot afford one, contact local legal aid organizations or court-based legal clinics for assistance.

- Prepare for court by bringing documentation, witness names, and any police or medical records to your attorney or advocate. Ask about confidentiality, what to expect at hearings, and how orders are enforced.

- If you are the person accused of domestic violence, seek legal counsel immediately before speaking to police or making decisions that could affect your rights. Criminal and family consequences can be significant.

Domestic violence situations are urgent and complex. Legal professionals and victim advocates in Buffalo and Erie County can guide you through safety planning, court procedures, and legal remedies. Contact local resources promptly to protect yourself and your children and to get informed legal help tailored to your circumstances.