The King Law Firm
Call For a Free Case Evaluation 914.752.5333
  • Home
  • Firm Profile
  • Family Law
  • Why Hire Us?
  • FAQ
  • Contact Us
  • Make A Payment
  • Call Today
  • Email Us
  • Our Map
  • Menu

Divorce & Domestic Abuse

  • Meet Our Attorney

    Highly Respected in Divorce Law

    Read More
  • Family Law

    Customized & Proven Solutions

    What We Do
  • Contact Us

    Begin Moving Forward Today

    Get in Touch
  • Divorce FAQs

    Get Helpful Answers & Information

    Learn More
Divorce Law Blog 2018 August Divorce & Domestic Abuse
Previous Post  |  Next Post

Divorce & Domestic Abuse

Posted By The King Law Firm || 31-Aug-2018

Although the divorce process can be challenging and problematic, it is even more contentious when domestic violence is involved. The truth is, attempting to file a divorce can trigger domestic abuse to occur or even make matters worse, which is why victims are afraid to take action and feel trapped in an abusive relationship.

Fortunately, there are certain legal steps domestic violence victims can take to obtain the protection they need to finalize a divorce. It is imperative that they hire an experienced family law attorney to protect their rights and wellbeing as they go through divorce proceedings.

The following are the important steps abuse victims should take when filing for divorce:

  • Protect yourself – You understand the amount of harm your spouse is capable of, so you need protection against future attacks or threats of violence. If you fear for your safety when you announce plans for divorce or the situation has worsened during proceedings, you need to find shelter without telling your spouse. While you can stay with a family member or friend, there are also battered women shelters available.
  • File a restraining order – You and your attorney can present evidence (i.e. photos, medical records, and record of police intervention) to the judge that demonstrates that your spouse is a danger to you when seeking a protective order. With a restraining order in place, your spouse is prohibited from contacting you or living in your home. Additionally, you will have temporary custody of your children.
  • Pursue court litigation – Mediation is typically for couples who agree on nearly every single issue of divorce and wish to separate on amicable terms. However, that is not the case in divorces involving domestic abuse. While New York is a “no-fault divorce” state, you can file for divorce on grounds of “cruel treatment,” which means the judge will look for specific acts of physical or mental cruelty which occurred in the last five years.
  • Get full custody – Child custody orders can be affected by evidence of domestic violence. If a spouse is abusive to a child or to another individual in front of the child, he/she will likely not gain custody. To protect kids from abusive parents, judges can order supervision by a professional during all scheduled visitation and restrict overnight visitation.

If you are involved in an abusive relationship and wish to file for divorce in New York, our Yonkers divorce attorney at The King Law Firm is dedicated to getting the outcome and protection you desire. Contact us for more information today.

Categories: Divorce

Share Post

Family Law

How Can We Help You?

  • Divorce
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Contested / Uncontested Divorce
  • High Net Worth Divorce
  • Legal Separation
  • Matrimonial Actions
  • Mediation
  • Order of Protection
  • Property Division
  • Spousal Support
  • Visitation

Request Your Free Case Evaluation

Phone & Video Conferencing Available

Get in Contact
  • The King Law Firm
  • Give Us A Call! (914) 752-5333

    The King Law Firm Map & Directions [+] - Yonkers Divorce Lawyer
    570 Yonkers Ave, Suite 202, Yonkers, NY 10704 View Map
    Toll-Free (914) 752-5333
    Website: /
    © 2021 All Rights Reserved.
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
  • Make A Payment
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.