Domestic violence is an unfortunate reality in our country. According to statistics, about a third of all women and a fourth of all men will suffer some form of stalking, rape, or physical violence at the hands of an intimate partner. Emotional abuse, including verbal threats, degrading remarks, or controlling behavior, is even more common. If you are considering filing for divorce from an abusive spouse, it is critical to get help. You don’t have to do this alone.
You deserve a healthy relationship for yourself and your children. At the Law Office of Ryan Besinque, our New York City domestic violence divorce lawyers can advise and guide you toward security and, ultimately, to a better life. We have the experience and dedication to help those impacted by domestic violence get free of the emotional and physical abuse of their partners. We also help those who have been unfairly targeted with false accusations of domestic violence or abuse. To schedule a free consultation with family law attorney Ryan Besinque, call (929) 251-4477.
Having a divorce with an abusive spouse can be particularly dangerous and have its own unique concerns. In New York, both the criminal court and civil court take matters of domestic violence seriously. But first, you must seek shelter and be legally protected.
If you are an abused spouse, your first priority is getting to physical safety. There are many women’s shelters located throughout the city. This allows you to find a temporary safe haven if you feel you are in physical danger.
In New York City, you can call 311 or the New York City Domestic Violence Hotline at (800) 621-HOPE to get access to a shelter. The city also maintains a website for domestic violence support with important resources for those who find themselves victimized by domestic violence.
After getting to a secure location, obtaining an order of protection is the next critical move. This provides you with a measure of legal security while you and your NYC domestic violence divorce lawyer work toward a more permanent solution.
An order of protection, sometimes referred to as a restraining order, can be issued by both a criminal court or civil court. It can legally require your spouse to stay away from you and your child at home, school, or work and can even prohibit all types of contact. A violation of an order of protection has serious legal consequences.
Domestic violence in a family is not only physical in nature. It can also include emotional, verbal, and mental abuse. In many cases, verbal and mental abuse often escalates to physical violence. Domestic violence can include:
While domestic violence primarily affects women, men can also be victims. Same-sex married couples may also be affected by this kind of abuse.
Unfortunately, many who are in abusive marriages have been conditioned to believe that they are the cause of their partner’s abusive behavior. It is critical for those who live in abusive relationships to get the assistance of a skilled New York City family attorney to help remove themselves from the abusive situation.
If you or a loved one is in an abusive and violent marriage and you need help going through the legal process of divorce, you will need the assistance of a skilled family attorney. Domestic violence attorney Ryan Besinque and his experienced team of family attorneys at the Law Office of Ryan Besinque, P. C. can provide you with all the legal services that you may require for your case to succeed in court. To schedule a free consultation, call us at (929) 251-4477.
In the state of New York, you must have grounds for a divorce unless you are both mutually agreeing to a no-fault divorce. Domestic violence will usually fall under the ground of cruel and inhuman treatment.
Under Domestic Relations Law § 170, “Conduct which endangers either physical or mental well being may constitute cruel and inhuman treatment, provided that it makes it unsafe or improper to continue to live together.” This can include either physical or mental cruelty. Behaviors that can be considered cruel and inhuman treatment can include:
The court will need to determine that these acts were consistent and not isolated. Supporting evidence is needed to prove to the court that there was a danger to the health and well-being of the petitioning spouse before granting cruel and inhuman treatment as an appropriate ground. At The Law Office of Ryan Besinque, domestic violence lawyer Ryan Besinque and our New York City family attorneys will be able to provide you with legal support, help you understand if your situation falls under this ground for divorce, and how to prove your case to the court. If you suffer from abuse in your marriage and would want to divorce your spouse, call us to schedule a free consultation at (929) 251-4477.
While laws in New York are legitimately aggressive toward violent spouses, as a result of these strict laws, an individual can very easily be wrongly accused of domestic violence, particularly when it concerns a contentious divorce or child custody arrangement.
When a spouse is accused of domestic violence, it can have a serious impact on child custody, child support, spousal support, and even equitable asset distribution. Some spouses falsely accuse the other of domestic abuse to:
Making false a case of domestic violence in New York is unlawful. At The Law Office of Ryan Besinque, our skilled New York domestic violence lawyers work diligently to protect your interests if you have been wrongly accused of domestic abuse by your spouse.
While any divorce is a sensitive matter and can be fraught with difficulties, ones that involve domestic violence can be particularly serious. For a victim of domestic abuse, filing for divorce can carry its own dangers and concerns. Getting the advice and guidance of New York family lawyer Ryan Besinque and the experienced NYC domestic violence divorce lawyers at The Law Office of Ryan Besinque ensures that all measures will be taken to protect you and your family while you remove yourself from the abusive situation.
When having a divorce with an abusive spouse, your attorney will act as your important ally and intermediary to help preserve your security and your legal rights. This will limit your interaction and ensure that all matters and evidence are being documented appropriately. At The Law Office of Ryan Besinque, our team provides trustworthy, confidential, and compassionate guidance for individuals seeking a divorce from a violent spouse. Call us at (929) 251-4477 or contact us online to schedule a free consultation.