How Domestic Abuse Can Affect Divorce Proceedings

Domestic abuse is one of the worst things that can happen in any relationship. From physical violence to emotional blackmail, abuse takes on many forms – all of them torturous. When abuse is present, divorce may seem like the best avenue of escape. But, how can domestic abuse affect divorce proceedings?

Domestic Abuse Comes in Many Forms

If someone is considering divorce from an abusive spouse, they may fear for their very safety. Fortunately, the State of New York has a legal apparatus in place to help protect those who are the victims of abuse.
Domestic abuse does not, however, necessarily mean physical harm. There are several many ways in which abusive actions can occur, including but not limited to:

  • Sexual abuse
  • Economic abuse – controlling the financial affairs within the relationship
  • Psychological Abuse – controlling to threats or intimidation
  • Emotional abuse
  • Physical abuse

divorce domestic abuse

Protection Orders

If domestic violence is suspected in a New York divorce, there are several things which may take place. As the State of New York wishes to protect the victims of domestic abuse and hold the abusers accountable, if an abuser is found guilty in a criminal trial, the judge may order an order of protection for the victims. Even before the abuser is found guilty, a temporary order of protection may be granted to protect the victims from the abuser.


Domestic violence may directly affect custody in New York. Not only that, but the abuse does not need to be directed at the former spouse or their children. A presiding judge will weigh the issue of domestic violence heavily, along with a variety of other factors to determine the best possible custody solution for the children involved. If the abuse can be proved to the court as a danger to the wellbeing of the children, the court may limit visitation rights of the abusive parent only those conducted under specific conditions, such as supervised visitation.

Contact a Manhattan Divorce Attorney

If you are considering divorce because of domestic abuse, you need to ensure that you are safe beforehand. If you feel you are in any immediate danger, please do not hesitate to call the police, or if it is an emergency to dial 9-1-1. Once you are safe, be sure to call an experienced divorce attorney who is willing to stick up for you.
While filing for divorce can be a difficult decision to make, choosing the right attorney doesn’t have to be. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce litigation. Brian and his experienced team are aggressive, intelligent, strategic and most importantly, compassionate. They work diligently with clients and customize representation strategies to fit their individual needs. So if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at 718-875-7584 for your free consultation and learn why we’re New York’s premier divorce law firm.

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