In New York, the law provides several avenues for domestic violence victims to seek protection, safety, and legal remedies, especially in the context of divorce.
Most individuals who are dealing with domestic violence and considering divorce have numerous questions about rights, the legal process, and the available protections. You can learn more in our free eBook.
Here are the top FAQs we receive regarding domestic violence and divorce in New York.
Q: What is considered "domestic violence"?
Domestic violence refers to a pattern of behavior used by one person to maintain power and control over another in an intimate relationship. New York law recognizes domestic violence in various forms, and victims have legal rights and protections under both state law and federal law.
Q: Can one experience domestic violence without physical abuse?
Yes, in New York, a person can be a victim of domestic violence even if they do not experience physical abuse. Domestic violence is a broad term that includes not just physical violence but also other forms of abusive behavior meant to exert control over a partner or family member.
Examples of the various types of non-physical domestic violence include emotional, psychological, sexual, financial, and verbal abuse, along with stalking and harassment, isolation, and threats of harm, all of which can have serious, lasting impacts on the victim.
Q: What are my rights as a New York resident and victim of domestic violence?
As a resident of New York and a victim of domestic violence, you have several rights, including the right to seek an order of protection, the right to file for divorce or separation, the right to custody of children in cases of abuse, and the right to access support services like shelters and legal aid. You are also entitled to be free from harassment, threats, or physical harm.
Q: How do I get an order of protection?
An order of protection is a legal order issued by the court that directs the abusive individual to stop certain behaviors, stay away from the victim, and avoid contact. You can file a petition for an order of protection in family court, criminal court, or supreme court, depending on your situation. The court will review the evidence and determine if an order is necessary to ensure your safety.
Q: What is a stay-away order of protection?
A stay-away order of protection is a specific type of order that requires the abuser to remain a certain distance away from the victim, their home, workplace, and other locations. This type of order is designed to prevent the abuser from physically approaching or coming into contact with the victim.
Q: What is the difference between temporary and final orders of protection?
Temporary orders of protection are issued by the court when a petition is filed and are meant to offer immediate relief and protection while the case is ongoing. They are typically granted without the abuser being present. Final orders of protection are issued after a hearing where both parties can present evidence, and they last for a longer period (often one to five years), depending on the circumstances.
Q: What should I do if my abuser violates the order of protection?
If your abuser violates an order of protection, you should immediately contact law enforcement. Violating an order of protection is a crime in New York, and the violator can be arrested and charged with contempt or other related charges. Keep a record of any violations, such as text messages or missed calls, as evidence.
Q: What are my legal options if my ex is stalking me?
Stalking is a crime under New York law and can result in criminal charges. You can seek an order of protection from family court or criminal court, depending on the circumstances. Additionally, if your ex is threatening or harassing you, documenting the incidents and contacting law enforcement can help build your case.
Q: Are there New York protections for male victims of domestic violence?
Yes, New York law provides protection for all victims of domestic violence, regardless of gender. Men can and do experience abuse, and the state has resources and legal remedies in place to support male victims. Male victims have access to orders of protection, divorce rights, and other protections in domestic violence cases, just as female victims do.
Q: How do I fight false accusations of abuse during divorce?
If you are experiencing false allegations of abuse during a divorce, it is important to respond swiftly and carefully. You should gather any evidence that contradicts the allegations, such as texts, emails, or witnesses who can testify on your behalf.
Hiring a family law attorney with experience in domestic abuse allegations is essential to ensure that the court hears your side of the story and that the accusations do not unfairly impact your divorce proceedings, especially in terms of custody or visitation.
Q: Are there New York protections for same-sex couples and domestic violence?
Yes, New York provides the same protections for all couples in cases of domestic violence. Domestic violence laws in New York are gender-neutral, meaning that any person, regardless of their sexual orientation, can seek an order of protection and other remedies if they are a victim of abuse.
Q: How does domestic violence affect divorce rulings?
In New York, domestic violence is grounds for divorce, and you can file for a no-fault divorce or a fault-based divorce on the grounds of cruel and inhuman treatment. If abuse is a factor, it can influence custody decisions, property division, and spousal support.
Q: How does domestic violence affect child custody in a New York divorce?
In New York, the court considers the safety and well-being of the child as the most important factor when making custody determinations. If there is evidence of domestic violence, the court may grant sole custody to the non-abusive parent, order supervised visitation, or take other measures to ensure the child’s safety.
Q: Does domestic violence impact spousal support?
Yes, domestic violence can impact the court’s decision on spousal support (alimony) in a New York divorce. If you are a victim of domestic violence, the court may grant you spousal support to help you regain financial independence. The abuse and the financial needs of the victim will be taken into consideration during the divorce proceedings.
Q: Do I need to provide evidence of abuse during my divorce?
To obtain an order of protection or to strengthen your divorce case, you will likely need to provide evidence of abuse. This could include photographs of injuries, medical records, police reports, witness statements, text messages, emails, or recordings. The more documentation you have, the stronger your case will be.
Q: Can I force my spouse to leave the home?
If you are a victim of domestic violence, the court can issue an order of protection that may require your spouse to leave the home. Alternatively, if you need to move out for safety reasons, you can request temporary custody of your children and seek support.
Q: Can I get financial assistance if I am a victim of domestic violence?
There are various financial assistance programs for victims of domestic violence in New York. These include emergency financial assistance through state-funded programs, support for legal fees, and the possibility of spousal support during divorce. Additionally, many domestic violence shelters offer financial aid for housing and basic needs.
Q: How long does the divorce process take if domestic violence is involved?
The timeline for a divorce involving domestic violence can vary depending on the case and the court’s schedule. If there are allegations of abuse, it may take longer to resolve issues such as custody, visitation, and property division. Temporary orders of protection and other safety measures may also extend the timeline.
Q: What can I do if I feel unsafe during the divorce process?
If you feel unsafe during the divorce process, you can request additional legal protections such as a temporary order of protection or supervised visitation. You can also seek support from domestic violence shelters or advocacy groups. It’s crucial to communicate your concerns to your attorney so they can help ensure your safety throughout the proceedings.
Q: What resources are available for victims of domestic violence in New York?
Whether you are seeking to obtain an order of protection, need help navigating a divorce, or are concerned about child custody, you do not have to face domestic violence alone. New York offers a range of resources for victims of domestic violence, including hotlines, shelters, legal aid, and counseling services.
These resources provide emergency assistance, safety planning, and support throughout the legal process (if you are in immediate danger, call 911).
New York State Domestic Violence Hotline
24/7 in most languages
Call: 1-800-942-6906
Text: 844-997-2121
Live Chat
Safe Horizon
Call: 1-800-621-HOPE (4673)