Category Archives: Domestic Violence

Domestic Violence

How Brighton, New York Courts Handle Domestic Violence in Divorce Cases

Posted on by Michael D. Schmitt, Esq.
How Brighton New York Courts Handle Domestic Violence in Divorce Cases
17
Oct

Divorce proceedings can be emotionally charged and complex, but when domestic violence is involved, the situation becomes even more challenging. Brighton, New York, like many other jurisdictions across the United States, takes domestic violence in divorce cases seriously and has implemented a set of procedures and protocols to address these sensitive matters. In this article, […]

Continue reading →
Domestic Violence

The rights and responsibilities of domestic partners in New York

Posted on by Michael D. Schmitt, Esq.
The rights and responsibilities of domestic partners in New York
18
Jul

In recent years, there has been a significant shift in societal norms and an increased recognition of diverse relationships. One such relationship is that of domestic partners, who choose to live together and share their lives without entering into a traditional marriage. For those residing in New York, understanding the rights and responsibilities of domestic […]

Continue reading →
Domestic Violence

Domestic Violence in the Workplace in New York

Posted on by Michael D. Schmitt, Esq.
Domestic Violence in the Workplace in New York
21
Jun

Domestic violence is a pervasive issue that affects countless individuals, families, and communities. Its impact extends beyond the confines of the home and spills over into various aspects of life, including the workplace. In New York, a state known for its commitment to social progress, addressing domestic violence in the workplace has emerged as a […]

Continue reading →
Domestic Violence

Domestic Violence and Financial Abuse in New York

Posted on by Michael D. Schmitt, Esq.
Domestic Violence and Financial Abuse in New York
12
Jun

Domestic violence is a pervasive issue that affects individuals and families across the globe, transcending geographical boundaries. One form of abuse that often goes unnoticed is financial abuse, which can have devastating consequences for victims. In New York, a state known for its vibrant culture and bustling cities, this silent epidemic persists, leaving countless individuals […]

Continue reading →
Domestic Violence

How to dissolve a domestic partnership in New York

Posted on by Michael D. Schmitt, Esq.
How to dissolve a domestic partnership in New York.
18
May

If you are in a domestic partnership in New York and wish to dissolve it, you will need to follow certain legal procedures. A domestic partnership is a legal relationship between two individuals who have chosen to live together and share their lives in a committed relationship. The dissolution of a domestic partnership involves the […]

Continue reading →
Domestic Violence

Domestic partnerships and adoption in New York.

Posted on by Michael D. Schmitt, Esq.
Domestic partnerships and adoption in New York. New York has long been at the forefront of progressive social policies, and this includes laws related to domestic partnerships and adoption. If you are considering entering into a domestic partnership or adopting a child in New York, it is important to understand the legal requirements and procedures involved. Domestic Partnerships in New York A domestic partnership is a legally recognized relationship between two individuals who live together and share a domestic life. In New York, domestic partnerships are available to both same-sex and opposite-sex couples. To enter into a domestic partnership, both individuals must meet the following requirements: Be 18 years of age or older Not be married or in another domestic partnership Live together in a committed relationship Be legally capable of entering into a contract To register a domestic partnership in New York, you must file a Declaration of Domestic Partnership with the New York City Clerk's office. You will need to provide proof of identity, proof of residency, and a notarized affidavit stating that you meet the eligibility requirements. Once your partnership is registered, you will have certain legal rights and responsibilities, such as the ability to make medical decisions for each other and the obligation to provide financial support. Adoption in New York Adoption is the legal process of establishing a parent-child relationship between an adult and a child who is not biologically related. In New York, adoption is available to both individuals and couples, regardless of sexual orientation or marital status. To adopt a child in New York, you must meet the following requirements: Be 18 years of age or older Be a resident of New York or have a valid home study from another state Be financially stable and able to provide for a child Complete a background check and provide references Attend adoption training and education courses Once you have completed the adoption process, you will have the same legal rights and responsibilities as a biological parent. This includes the ability to make medical and educational decisions for the child and the obligation to provide financial support. Domestic Partnership and Adoption If you are in a domestic partnership and want to adopt a child together, you can do so in New York. However, there are some additional legal considerations to keep in mind. For example, if you are in a same-sex partnership and adopting a child who is not biologically related to either of you, you may need to establish a second-parent adoption to ensure that both partners have legal parental rights. It is also important to note that New York does not currently allow joint adoption by unmarried couples. This means that only one partner can legally adopt a child, even if both partners are in a registered domestic partnership. It is also worth noting that New York recognizes domestic partnerships from other states or jurisdictions, as long as they meet certain criteria. For example, if you have entered into a domestic partnership in another state that has similar eligibility requirements to New York, you may be able to register your partnership in New York without having to meet additional requirements. Additionally, New York has passed legislation to protect the rights of LGBTQ+ individuals in domestic partnerships and adoptions. For example, the New York State Human Rights Law prohibits discrimination on the basis of sexual orientation or gender identity in the areas of housing, employment, and public accommodations. This means that domestic partners and adoptive parents in New York cannot be discriminated against based on their sexual orientation or gender identity. Domestic partnerships and adoption are important legal processes that can provide legal protections and benefits for individuals and families in New York. While the requirements and procedures involved can be complex, it is possible to navigate these processes with the help of an experienced family law attorney. By understanding the legal requirements and protections available, individuals and families can make informed decisions about their domestic partnerships and adoption plans in New York. As a law firm, at Michael D. Schmitt, ESQ., we can provide legal assistance and representation to individuals and families seeking to establish domestic partnerships or adopt a child in New York. We can offer consultation and guidance, represent clients in legal proceedings related to domestic partnerships and adoption, assist with second-parent adoptions, and protect the legal rights of individuals and families in domestic partnerships and adoptions. With our experience and knowledge of family law in New York, we can help clients navigate the complex legal process and achieve their desired outcomes. Our goal is to provide compassionate and effective legal representation to our clients throughout the entire process of establishing a domestic partnership or adopting a child in New York. We understand that these processes can be complex and emotionally challenging, and we strive to make the experience as smooth and stress-free as possible for our clients. Whether our clients are seeking to establish a domestic partnership with their same-sex partner or are looking to adopt a child, we are here to provide the legal assistance and guidance they need. Our experienced family law attorneys can explain the legal requirements and procedures involved, answer questions, and help clients make informed decisions about their domestic partnership and adoption plans. In addition, we recognize the unique challenges faced by LGBTQ+ individuals and families in the legal system, and we are committed to protecting the legal rights of our clients. We work to ensure that our clients are free from discrimination based on sexual orientation or gender identity, and that their legal rights and interests are fully protected in domestic partnerships and adoptions. Overall, we are dedicated to providing exceptional legal services to our clients who are seeking to establish domestic partnerships or adopt a child in New York. We believe in working closely with our clients to understand their unique needs and goals, and to provide effective and compassionate legal representation every step of the way.
10
May

New York has long been at the forefront of progressive social policies, and this includes laws related to domestic partnerships and adoption. If you are considering entering into a domestic partnership or adopting a child in New York, it is important to understand the legal requirements and procedures involved. Domestic Partnerships in New York A […]

Continue reading →
Domestic Violence

Domestic Violence and the Elderly in New York

Posted on by Michael D. Schmitt, Esq.
Domestic Violence and the Elderly in New York
05
May

Domestic violence is a serious issue that affects individuals of all ages and backgrounds. However, when it comes to the elderly, the problem can be particularly devastating. According to the New York State Office for the Aging, there are approximately 260,000 cases of elder abuse in New York each year, with domestic violence being one […]

Continue reading →
Domestic Violence, Michael Schmitt Esq. Law Blog

Violating Your Order of Protection

Posted on by Michael Schmitt, Esq.
Violating Your Order of Protection
06
Jul

Do you have questions about violating your order of protection in Rochester? Watch this video, then call our domestic violence lawyer to get started today. I am frequently asked as a Rochester Domestic Violence Attorney, what can happen if an order of protection is violated. If an order of protection has been violated, it can be […]

Continue reading →
Domestic Violence, Michael Schmitt Esq. Law Blog

3 Facts on Order Protection

Posted on by Michael D. Schmitt, Esq.
3 Facts on Order Protection
13
Oct

When it comes to domestic violence, I am often asked as a Rochester Attorney about orders of protection. Here are 3 facts on order protection: Different Types of Orders of Protection No Contact Order – the person who this is against will not be able to have any type of contact with the other person. No […]

Continue reading →
Domestic Violence, Michael Schmitt Esq. Law Blog

Order of Protection in Rochester

Posted on by Michael Schmitt, Esq.
Order of Protection in Rochester
14
Aug

Have you been a victim of domestic violence and require an order of protection in Rochester?  Watch this video and then contact experienced Rochester Domestic Violence Lawyer Michael Schmitt. As an experienced Rochester Domestic Violence Lawyer I am often asked about obtaining an order of protection. If you are a victim of assault or violent […]

Continue reading →