Or press Esc. This page saves nothing, but your browser keeps a history. In danger now: 911 · Erie County 24/7 (716) 834-3131
(716) 759-4529 Tap to Call, Free Consultation

October is Domestic Violence Awareness Month. Purple is its color. Free, confidential help in Erie County

Domestic Violence

Recognizing danger in a domestic violence case

Plain-language pages built from the risk and lethality material taught to Erie County family law attorneys. Nothing here asks for your name, and nothing you touch is saved or sent anywhere.

Call Weinrieb Law (716) 759-4529Schedule a free consultation

Or email pgw@weinrieblaw.com · 5555 Main Street, Suite 5, Williamsville · Monday to Friday, 9 to 5

Start here

Most of what decides a domestic violence case is not the worst incident

It is the pattern around it. New York judges and the attorneys who appear in front of them are trained to look for a specific set of factors, because research on domestic homicide shows those factors keep turning up before someone is killed.

These pages put that same material in plain language, for the person living it and for the family member watching it happen. They are educational. They are not legal advice, and they are not an assessment of your situation.

Three things the training says, that almost nobody outside a courtroom hears

Leaving is the most dangerous part.

The highest risk window is the days to months after the other person works out that you might separate, or that you have told someone what is happening. That is not a reason to stay. It is a reason to plan the exit with an advocate rather than improvise it.

Victims underestimate the danger. They rarely overestimate it.

Jacquelyn Campbell's study of women who were killed or nearly killed by a partner found they were unlikely to over-estimate their risk, and that many under-estimated how severe the situation had become. Only about half accurately perceived that they could be killed. So if your own instinct is telling you this is getting worse, that instinct is data. It is a recognized risk factor, and it belongs in a petition rather than left unsaid.

Fabricated allegations are rare, and are not the same thing as an imperfect story.

The December 2025 Erie Institute of Law program puts the national collective experience at 15 to 20 percent or fewer. What matters at least as much is that a fabricated allegation is a different thing from a story told out of order, a recollection that shifts, or an account with no photographs behind it. Trauma scrambles chronology. That is a known feature of how memory works under stress, not a sign of lying.

21%
of all violent crime in the United States was domestic violence
Bureau of Justice Statistics, National Crime Victimization Survey 2003 to 2012, published April 2014
1 in 3
women (35.6%) and more than 1 in 4 men (28.5%) have experienced rape, physical violence or stalking by an intimate partner
National Intimate Partner and Sexual Violence Survey, 2010 Summary Report, CDC
25%
of domestic homicides were witnessed by the victim's own child
Cited in the December 2025 Erie Institute of Law program
7
attempts, on average, before a survivor succeeds in leaving an abusive partner
Cited in the same Erie Institute of Law program

Talk to someone before the next step, not after

A consultation is free and confidential. If you would rather start with an advocate than a lawyer, that is often the right order, and the Erie County numbers are the place to begin.

Weinrieb Law · 5555 Main Street, Suite 5, Williamsville, NY 14221 · Monday to Friday, 9 to 5

What these pages are

General legal information about New York law, published by Weinrieb Law, a family law firm in Williamsville, New York. This is attorney advertising. It is not legal advice, it does not create an attorney client relationship, and it is not a risk assessment of any individual situation. Prior results do not guarantee a similar outcome.

These pages set no advertising or analytics cookies and keep nothing you click, mark or type. Like the rest of this site, they note how you arrived (from a search, for example) for this browser tab only, and that note is erased when the tab closes. They cannot erase the visit from your browsing history.

Statutory references are to the New York Family Court Act, Domestic Relations Law, Penal Law and Real Property Law. Statutes change. Confirm current law before relying on any of it.

Sources

  1. Identifying Risk and Lethality Factors in Domestic Violence Cases, Erie Institute of Law and Bar Association of Erie County, presented by Hon. Sheila Schwanekamp (Ret.), December 10, 2025.
  2. Domestic Violence Risk Factor Guide for Civil Legal Attorneys, January 20, 2024, adapted from the New York State guide for Family Court judges. Center for Court Innovation.
  3. Lawyer's Manual on Domestic Violence: Representing the Victim, 6th Edition, New York State Unified Court System.
  4. Domestic Violence, Developing Brains, and the Lifespan, Lynn Hecht Schafran, The Judges' Journal 53(3), Summer 2014.

Sources, continued

  1. Working with Survivors of Abuse: A Trauma Informed Approach, Public Interest Pro Bono Association.
  2. Laws of New York 1996, Chapter 85, and Laws of 2009, Chapter 476.
  3. Campbell et al., Risk Factors for Femicide in Abusive Relationships, American Journal of Public Health 93(7):1089 (2003).
  4. Campbell, Helping Women Understand Their Risk in Situations of Intimate Partner Violence, Journal of Interpersonal Violence 19(12):1464 (2004).
  5. 2025 Domestic Violence Court Advocate List for Erie County, last updated January 31, 2024.