Domestic Violence

People live "happily ever after" in fairy tales.  Real life isn't so easy. All too frequently, family members who can't get along become violent with each other.

Domestic violence cases involve both criminal law and family law.  A spouse or paramour involved in a domestic violence case first goes to a family court.  The law provides for temporary restraining orders that can immediately remove the accused spouse from the joint home.  The family court holds a final hearing within days of the event.  A final restraining order removes a spouse or partner permanently from the home.  Additionally, the removed spouse may be ordered to make support payments or have visitation with his or her child now controlled by the court.  Beyond that, a domestic violence finding can directly affect one's professional status (for example, a lawyer may be suspended if found guilty of an act of domestic violence) or other personal rights (such as the license to possess firearms).

And there will still be a criminal case.   Whether an assault, harassment, stalking, or contempt from a previous domestic violence order, the accused will be prosecuted as any other criminal case.

Brian J. Neary can represent the accused in both the domestic violence court and the criminal court.  Often, Brian J. Neary works along with an experienced family law practitioner in a joint representation involving domestic violence, criminal law, separation and divorce.