Legal Support For Family Domestic Violence Disputes
Domestic violence issues are serious matters neither side should take lightly. If you or your kids face abuse, you may worry about how you will protect your and your kid’s safety, especially if the abuser is a spouse or partner. On the other hand, if you face domestic violence accusations from a spouse, you may worry about how these claims could affect your career, reputation and ability to see your children.
At Fersch LLC, we understand that no family is the same and includes unique dynamics that shape their experiences regarding domestic violence disputes. We have seen how insidious domestic violence can be and the various ways that it can happen, many of them invisible to others, and we understand the way that abusers can coerce and control their partner or spouse. We tailor our approach to fit your needs, outcomes and desires, so we can help you navigate your situation.
What Is Domestic Violence?
New York defines domestic violence as a pattern of abusive behaviors one partner uses to gain control and influence over the other. A few examples of domestic violence include:
- Physical abuse: Punching, hitting, slapping, kicking, biting
- Sexual abuse: Rape, molestation, sexual assault
- Verbal abuse: Harassment, name-calling, threats, withholding affection
- Emotional abuse: Gaslighting, humiliation, coercion and control
- Financial abuse: Controlling how money is spent, destroying someone’s finances
- Legal abuse: Threats to file lawsuit, take custody of children, falsely report to police
- Destroying property: Throwing and breaking objects or property, including those spouses own jointly
If you’re experiencing any of these behaviors from your spouse before, during, or after you file for divorce, you may be a victim of domestic violence. If so, we can help you find options to protect you, your children, and your other loved ones.
How Protection Orders Can Protect Against Domestic Violence
There’s nothing scarier than feeling scared and threatened by someone you had a profound and loving connection with. When a spouse or a partner’s actions and behaviors make you feel unsafe, you can file a protection order. A protection order, also known as a restraining order, can legally prohibit one party from having physical or verbal or electronic contact with another and their children.
In the case of domestic violence, a protective order can require the person abusing, threatening, or harassing the other to stay away for a specified period. You may have to renew your protective order over a specific time, depending on how long it lasts or whether or not circumstances have changed. In New York, protective orders issued in family court can last anywhere between two years and five years.
If you a have had a temporary protective order filed against you, you can attempt to have it dismissed, however that is rarely granted and it may be easier to wait until it ends. However, if you are facing a permanent protective order being filed against you, then you need to fight it at trial or seek to appeal it if it has already been granted against you.
Seeking Exclusive Occupancy For Domestic Violence Amid Divorce
If a divorce involves domestic violence, some may find it appropriate for the court to exclude one party from the family home through an exclusive use and occupancy order. If a family court approves this order, one party will be required to vacate the family home during the divorce or if the court concludes that a protective order is necessary for the other spouse and children’s safety. Courts typically don’t grant exclusive occupancy because the parties are not getting along. Courts usually only give this relief if people feel their safety or property is threatened.
We can help evaluate your situation to establish whether an exclusive occupancy order may help navigate yours.
We Can Help – Call Today.
No matter what side of it you are on, taking domestic violence disputes seriously is crucial. Having the right lawyer on your side can make a significant difference in the outcome of your case. Call 212-422-2660 or email us to speak with an experienced New York City family law attorney today.