When you are divorcing a spouse who has committed domestic violence, you need to ensure this issue is properly addressed and accounted for by the court. Achieving this goal often requires enlisting the help of a professional who has experience handling these sensitive matters. Discuss your case with Manhattan domestic violence attorney at Randi L. Karmel PLLC for more information about your legal options.
Important Information About Manhattan Domestic Violence Cases
Domestic violence in any form is unacceptable. Sadly, it is not particularly uncommon.
According to the National Coalition Against Domestic Violence (NCADV), in New York:
- 31.7% of women report being the victim of intimate partner physical violence
- 29% of men report being the victim of intimate partner physical violence
- In a single year, approximately 250,000 instances of domestic violence will be reported to law enforcement in New York State
Protecting yourself and your children (if you have any) is essential when you are the victim of domestic violence. You can begin doing so by removing yourself and your kids from an unsafe environment.
It’s also strongly recommended that you get an order of protection or restraining order. Manhattan domestic violence attorney Randi L. Karmel can assist you with this process.
How Domestic Violence Allegations Can Impact Your Manhattan Divorce Case
If your soon-to-be ex is genuinely guilty of domestic violence, this factor should play an important role in your divorce. It may specifically impact such matters as:
Child Custody
The goal of New York family courts when making determinations regarding child custody is to prioritize the best interests of a child. Naturally, it is not beneficial for a child to spend time with a parent who commits abuse, even if the child is not the direct target of said abuse.
The specific way allegations of domestic violence may influence child custody arrangements can vary depending on several factors. Sometimes, evidence that a parent is guilty of domestic violence is so overwhelming that said parent is granted no visitation rights at all. Or, they may not be granted overnight visitation rights.
You are likely quite concerned about your children’s welfare when fighting for their custody with an abusive spouse whom you are divorcing. A qualified Manhattan domestic violence attorney can help you navigate this stressful situation.
Alimony
Domestic violence takes many forms. Financial abuse is one example.
Thus, if you are divorcing a spouse who has committed some type of financial abuse, the court may account for this when making decisions about alimony payments. Courts tend to give victims favorable treatment in these circumstances. This is often the case even when a divorce or an instance of financial abuse does not have a significant impact on a victim’s earning capacity.
Contact a Manhattan Domestic Violence Attorney
If you are a domestic violence victim, you need people on your side who can help you stay safe and advocate for your rights. Manhattan domestic violence attorney Randi Karmel can assist you by helping you get an order of protection or restraining order and by providing you with effective representation during a divorce. Learn more by contacting our firm online or calling us at 212-755-0224.