A family court is a jurisdiction of law that deals exclusively with family law cases. The Family Court in Rochester, New York deals with both juvenile and domestic relations cases, similar to most other states. This article provides an overview of how the process of family court litigation begins and what to expect if you’re involved in it.
To begin a family court case in Rochester, you must contact the clerk of the court. The clerk will give you all the necessary paperwork to file your case and begin the litigation process. The most common cases that end up in family court are paternity actions, child support disputes, and divorce cases. Most people usually file for divorce when their relationship ends in full or they want to annul their matrimony.
The court will also hold a hearing that involves both parties asking to be granted a divorce. The judge will ask both parties what happened between them and why they want to file for divorce. The judge will rule on whether you are eligible for a divorce and if so, he or she will rule on how you can proceed with it.
The court also handles all of the things that exist in a normal family court system as well, including paternity cases, child support disputes, and joint custody agreements. The court does not make decisions about child support orders during divorce proceedings. It does, however, establish child custody and visitation rights during divorce proceedings.
Child support disputes are also handled by the Family Court in Rochester NY. This is a very complex area of law and many regulations apply to it. There are specific calculations that determine what a parent is expected to pay in child support based on their income and the amount of time they spend with their child(ren).
The court will not allow either party to alter these agreements without a substantial reason as to why they should be changed. The court will enforce these agreements and it is not uncommon for children to have to move hundreds of miles away from a parent if he or she does not meet their financial obligations.
How does the Family Court in Rochester, NY resolve domestic violence cases?
1. Property Division / Asset Distribution
The court will review the current property distribution in your case. The court will look at each party’s assets and review the previous property division agreements that were made during the litigation process. This means that the court will determine whether you can keep all of your assets based on the previous agreements or if they should be divided.
The court will use a trial to determine whether you can keep your assets, and it is not uncommon for this process to last several days. You must take the time to learn about the process and make sure that you are aware of everything that will happen during this time.
2. Temporary Custody & Visitation Orders
Once the court has reviewed all of the property distribution agreements, it will issue a temporary custody and visitation order. This order will determine how you spend time with your children, whether you take them out of state or on any other trips or vacations.
The court also reviews child support in domestic violence cases and can issue temporary orders that make one parent responsible for paying it.
3. Permanent Custody & Visitation Orders
After the property agreement is resolved, the court will review your temporary custody and visitation order. At this time, the court will determine whether or not to finalize these orders. The judge will review all of the information regarding the case and based on his ruling, he may decide to finalize your temporary custody orders or to make changes to them.
4. Child Support Orders
The court will determine how much child support each parent should pay in domestic violence cases. In general, the court uses the same child support guidelines and calculations as they do in any other case.
The court has to consider all income sources when determining child support payments, including bonuses and overtime pay, retirement payments, pension payments, tax refunds, and more.
5. Restraining Order
If the court determines that there is enough evidence to issue a restraining order, he or she can issue one and require that you keep a certain distance between you and your partner. You must follow all of the conditions of this order, otherwise, you will face legal consequences.
This restraining order can last for a month or longer. It can last until a divorce is finalized and it can last until the court determines that it no longer needs to be in place. In some cases, if you break a condition of this order, you may have to face criminal charges and/or fines.
6. Protection Orders
A protection order is designed to protect someone from being physically injured by another person. The court does not grant protection orders in domestic violence cases, but it can grant other types of orders such as no-contact orders instead. The court will draft the order with several specific things in mind, including how much time must pass before the order is lifted, whether or not you can enter an area that your partner frequents, and how many people are involved in it.
If you violate a protection order, you may have to face criminal charges and/or fines.
7. Criminal Charges
The court does not involve itself in criminal proceedings. If you must face criminal charges in a domestic violence case, then an attorney or private investigator can help you make sure that the facts of your case are brought to light and that the prosecution is fair. You should hire an attorney when criminal charges are brought against you because they will likely have more experience in defending these types of cases.
The family court Rochester NY handles the serious and sensitive issues surrounding divorce and domestic violence cases. The court will decide whether or not all of your assets are divided, whether you have to pay child support, and what type of custody and visitation orders you must follow throughout the litigation process. You can receive quality legal help from a family law attorney in Rochester NY if you are involved in family law or domestic violence cases.