Typically in domestic abuse cases, we tend to think physical abuse is involved more so than emotional and verbal abuse.
Emotional and verbal abuse can sometimes play a bigger role more than we know and they can harm a person as much and even more than physical abuse.
Any form of abuse should be reported and with the help of an NYC divorce attorney, you will be able to escape your abuser. An experienced divorce attorney in NYC will be able to protect you and your family during cases of domestic violence and abuse.
As our NYC divorce attorney knows, allegations of spousal abuse can ruin a family.
Many people forget that spousal abuse has legal consequences if a conviction is made. Aside from the societal repercussions of a tarnished reputation, the abuser can also face jail time. In some cases, it can be a felony charge and conviction which can completely alter the abuser’s life. If no jail time occurs, the charge may still remain on the person’s criminal record which can affect their job and housing prospects.
Orders of Protection
Regardless of the status of your relationship — whether it be a spouse, domestic partner, or boyfriend or girlfriend — an order of protection can be granted in instances of abuse. As our divorce attorney in NYC has seen, this order is meant to keep the other person away from your place of work, residence, and frequented spots. The order will be in place for a specific period of time depending on your individual circumstances.
There are three courts that can grant an order of protection. The New York Supreme Court can grant an order similar to a family court. Criminal court steps in when there is abuse from someone who is not a relative. Family court grants orders for people who are abused by relatives including parents, cousins, siblings, and spouses.
Any form of abuse is unacceptable and you will need to be protected legally from it. Our NYC divorce attorney will bring the issue of abuse to divorce court so it can be considered in your divorce or separation agreement. As any divorce attorney in NYC will tell you, abuse is not taken lightly by the court and it will come into play regarding custody and visitation.
Abuse and Custody
If abuse is present and your NYC divorce attorney brings it to the attention of the divorce court, there are consequences for the abusive party. The court can grant an unfavorable custody decision or limited visitation schedule. They may even grant supervised visitation at a visitation center for the abusive party.
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