What are the legal rights of children in cases of domestic abuse?

In cases of domestic abuse, children in New York have many legal rights. First, all children deserve to be free from physical, emotional, and sexual abuse. Under New York law, any person who has reasonable cause to suspect that a child is the victim of domestic abuse is required to make a report about it to the child welfare agency. This includes school personnel, medical and mental health professionals, and people working in social services or child care. Second, a child who is the victim of domestic abuse has the right to immediate protection and safety. In New York, a court may issue an order of protection that can be used to bar an abuser from the home, require the abusive parent to stay away from the child, and offer other protections. Third, a child has the right to be represented in court by both the parent and the Department of Social Services as the child’s Guardian ad Litem. This is a court-appointed advocate who represents the best interests of the child. Finally, the law also requires that the child should be offered counseling and support services to help them cope with the violence they may have experienced. By knowing and understanding these rights, children who are victims of domestic violence can begin to rebuild their lives and find the necessary help and support to live in a safe and secure environment.

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