Oftentimes, domestic violence is a common contributor to divorce. Domestic violence includes:
- Physical abuse;
- Sexual abuse;
- Emotional abuse;
- Threatening; and
For many victims of domestic violence, initiating a divorce and going through the process may be overwhelming and frightening. However, speaking to an experienced legal representative, preparing ahead of time, and understanding the legal process may help ease some of the concerns a person may have.
Obtaining an Order of Protection from the Court
While the division of assets and protecting finances may be a common concern among those involved in a divorce, victims of domestic violence are usually much more concerned about their safety and the safety of their children. To help alleviate safety concerns, an experienced legal professional will usually request a restraining order from the court. Also, in preparation for initiating a divorce, it is important to have a safe place to stay. In addition, it is important to contact the local authorities in the event that your abuser violates the terms of a restraining order.
Pending Criminal Charges
In some instances, victims of domestic violence may have pending criminal charges filed against an abuser. It is important to let your attorney known if pending charges exist. Furthermore, in some situations, a lawyer may suggest that criminal charges be filed against an abusive partner for trespassing, assault, or harassment. However, it is important to discuss that with an attorney before acting. It is also important to document any abuse as evidence in a divorce case.
Preparing for Conflicts During the Divorce Process
Many individuals involved in a divorce are worried about contentious issues. However, victims of domestic violence are worried about retaliation from their spouse that may jeopardize their safety, the safety of their children, and the safety of their family and friends. If a person has major concerns relating to negotiating with a former spouse, it is important to communicate those concerns with an attorney who may relay your wishes regarding child custody, assets, and financial concerns. Furthermore, speaking to a domestic violence counselor or therapist may be helpful during this emotionally draining time.
It can be overwhelming to navigate the divorce process especially when it comes to protecting your safety and the safety of your children. Seeking the guidance of an experienced New York divorce attorney may be crucial to peacefully resolving potentially contentious issues. The divorce lawyers of Larry McCord & Associates are skilled in handling divorces involving prior acts of domestic violence and will fight zealously for your rights. For more information or to schedule a consultation, contact our Long Island divorce law office at (631) 643-3084.