What You Can Do About Domestic Violence
The mere thought of the abusing spouse winning custody of your children or the loss of economic security leads to inaction and the continuation of the abusive relationship. Domestic violence takes many forms. It can be physical or mental and often involves psychological intimidation. The actions of abusers are meant to establish control and create fear. Very often the abusive spouse is overly controlling of not only their spouse but also the marital property and income.
Obtaining Legal Protection
Being subjected to any form of domestic violence abuse can leave you with genuine fear for the safety of yourself and your children. You may feel that co-existing in the marital home is no longer a safe option. By consulting with an attorney experienced in helping victims of domestic violence, you can take the appropriate and necessary legal action that will stop the abuser from engaging in harassing and menacing behavior. If it is warranted, a judge may even order the abuser to leave the marital residence. This is called an Order of Protection. An Order of Protection can be obtained in family court, supreme court or criminal court and is usually obtained “ex parte,” which means the party against whom the order of protection is being sought is not present in court at the initial hearing.
An experienced domestic violence attorney can help you obtain a restraining order, contact protective services and plan your divorce from your abusive spouse step by step. You will need written records of all incidents of violence including exact dates and times, and if possible, police reports, pictures and medical records of injuries. You also need to make copies of your children’s medical and educational documents. For anyone preparing for a divorce, and especially where there is domestic violence, it is important that you keep records of the following:
- Rent or mortgage statements
- Bank and credit card statements
- Credit card statements
- Utility and medical bills
- Records of insurance
If your spouse knows that you have made copies of financial documents, he/she may sense that you want to leave and get very upset. For this reason, do not let your spouse know that you have made copies of financial records.
Advocating For You
Do not let fear paralyze you from taking action in the best interest of you and your children. One of our lawyers will stand up for you. We will give you advice regarding division of the marital assets, spousal maintenance (alimony), the custody of your children, visitation and your divorce. The long-term well-being of yourself and your children is at stake and you should not face these life-altering choices alone.
Call Us Today
A lawyer at Bryant & Bleier, LLP, can help to make sure that you and your children are safe and your financial interests are protected. Call us at 646-561-9227 or contact us online to schedule a free initial consultation.