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 spousal abuse such as 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, 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.
Having a divorce from 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. These shelters allow 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 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 and a 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.
If you are seeking a divorce from an abusive spouse, it is important to speak with a knowledgeable family law lawyer. A skilled attorney may be able to help you seek protection as well as help you through the divorce process. At the Law Office of Ryan Besinque, our team of domestic violence attorneys has the knowledge about family law and divorce to help you with your case.
Contact us at (929) 251-4477 to schedule a consultation.
It is very important to call the police to help you remove an abuser from your house. After this is done, a family law attorney can assist you in obtaining a temporary order of protection from the court. Protection orders will legally restrain the abuser and prohibit them from coming into your home or interacting with your family.
Temporary orders of protection usually last until the next court date. The court may extend the protection order from one court date to the next court date in order to ensure that the victim remains protected. On the other hand, final orders of protection can last anywhere from one to five years depending on the facts of each case and whether there is any physical injury or threat.
Any person who violates orders of protection may be charged with serious criminal offenses. A skilled divorce attorney may be able to assist with filing a temporary order of protection in the Family Court.
At the Law Office of Ryan Besinque, our team of New York domestic abuse attorneys may be able to help you seek a temporary order of protection from an abusive partner. If you are seeking a divorce, we may also be able to help you with the process. We understand the complexities involved in family law and divorce, especially in a setting where domestic abuse is present.
Call us at (929) 251-4477 to schedule a consultation.
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 abuse and violence primarily affect 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 in New York have been conditioned to believe that they are the cause of their partner’s abusive behavior towards them or their child. It is critical for those who live in abusive relationships to get the assistance of a skilled New York family law attorney to help remove themselves from the abusive situation.
If you or your child 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 law lawyer. Domestic violence attorney Ryan Besinque and his experienced team of family law 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 with a family law lawyer in New York, contact us at (929) 251-4477.
In the state of New York, you must have grounds for a divorce unless you both mutually agree 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 safety 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 may be able to provide victims with legal support, help them understand if their situation falls under this ground for divorce, and how to prove their case to the court.
If you suffer from abuse in your marriage and would want to divorce your spouse, contact 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 divorce lawyers work diligently to protect your interests if you have been wrongly accused of domestic abuse by your spouse. Contact us today to speak with a skilled attorney about your case.
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 from 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 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.