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 Law Firm of Wayne F. Crowe, Jr., P.C. is dedicated to getting the outcome and protection you desire. Contact
us for more information today.