Finding your way out of an abusive situation takes strength and courage. Domestic violence is a serious offense that affects many people in New York City. In matters of divorce law, domestic violence has a heavy impact on the outcome of several arrangements. If you are going through a divorce and are a victim of domestic violence, it is important to seek physical and legal protection immediately, our New York City Orders of Protection Attorney can help. Do not allow anyone to endanger the lives of you and your children during a divorce or at any other time. Working with a compassionate NYC divorce attorney can secure the protection you need while fighting for the rights of your loved ones.
Domestic Violence and Child Custody
When deciding on child custody arrangements, the court will always make decisions based on the child’s best interests. To determine what is best for the children, the courts consider things like the wants of the child, the relationship with each parent, the parent’s ability to care for the child, and the parents’ criminal history. If there is an allegation of domestic abuse or neglect, by law the court must take that into consideration when making a decision.
Usually, the parent will still have some visitation rights with the child. However, they may be limited to temporarily supervised visits. Even if the domestic violence did not involve you or your children, the matter will still be investigated. In any case, spouses who allege the other has committed domestic violence will need to prove it by way of “preponderance of the evidence.”
In other words, you will have to give the judge reason to believe the incident more likely occurred than not. Even this, however, can be tricky. There are many types of domestic violence beyond physical violence. Domestic violence is defined by New York as, “A pattern of coercive tactics… perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.” This can include:
Economic abuse (withholding or controlling finances)
Psychological abuse (threats and intimidation)
In addition to domestic violence in a marital relationship, it can also refer to any other type of intimate relationship, like people related by blood or marriage, parents and children, people unrelated but living together, people who have a child together, or people who are dating or were dating. Of course, it is the top priority of New York courts to ensure the safety of domestic violence victims in any situation.
If the abuser is tried in a criminal hearing and found guilty, an order of protection will be issued by the state. Or, victims can ask for a civil order of protection, which will limit the abuser’s access to victims and their children for a period of up to five years or longer. An order of protection keeps the abuser away from you and your children by asking them to leave or stay away from the home, stay away from you personally, or stop contacting you. The order will be issued based on the severity and type of harassment and abuse.
Seek Immediate Help for Domestic Violence in New York City
If you or your children are victims of domestic violence, seek safety and legal representation immediately with a New York City orders of protection lawyer. Vivien I. Stark takes domestic violence seriously, and she works aggressively to protect her clients. She will put top priority on your case and negotiate the terms of any order of protection that becomes necessary. Additionally, she can present evidence in front of a judge when disputing a custody case. Vivien I. Stark has over 30 years of experience in divorce and family law. She fights aggressively to protect the safety and rights of her clients. She serves the five boroughs of New York City and their surrounding communities.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.