Written by: Debra Whitson, Executive Contributor
Executive Contributors at Brainz Magazine are handpicked and invited to contribute because of their knowledge and valuable insight within their area of expertise.
Divorce is often a challenging process, but when domestic violence is involved, it becomes even more critical to protect yourself and your loved ones. If you're navigating a divorce in New York under such circumstances, it's essential to be aware of your legal rights and the options available to safeguard your well-being. In this article, we'll explore five key ways to protect yourself from domestic violence during divorce, with a focus on the legal aspects, emphasizing the importance of consulting with a New York-based law firm.
1. Secure a New York restraining order
One of the most immediate and effective ways to protect yourself from domestic violence during a divorce is to obtain a restraining order in New York. Known as an "Order of Protection," this legal document is issued by the court to limit the contact between you and the abusive party. New York State offers various types of Orders of Protection, including "full" or "limited" orders, depending on the severity of the situation. Consult with a New York law firm specializing in family law to understand the process and steps involved in securing an Order of Protection.
2. Document incidents of abuse
Proper documentation of domestic violence incidents is crucial for building a strong case in court. Keep a detailed record of dates, times, locations, and descriptions of abusive behavior. This evidence can support your claims and provide clarity to the court. A knowledgeable New York law firm can help you organize this evidence effectively, ensuring it adheres to New York's legal standards.
3. Seek legal advice
Consulting with a law firm in New York with expertise in domestic violence cases is paramount. An experienced attorney can help you understand your legal rights and navigate the complex legal system. They can provide valuable guidance on matters such as child custody, spousal support, and property division while prioritizing your safety and well-being.
4. Leverage New York state resources
New York offers various resources for individuals dealing with domestic violence during divorce. Reach out to local support services, such as shelters, hotlines, and counseling centers, which can provide both emotional and practical assistance. A reputable New York law firm can connect you with these resources and ensure you receive the support you need.
5. Create a safety plan
Developing a safety plan is crucial for your protection during and after the divorce. Work with your legal counsel to establish a clear strategy to ensure your safety in case of emergencies or potential escalations. Your safety plan may include identifying safe places to go, notifying law enforcement, and keeping essential documents and contact information at hand.
Domestic violence during divorce is an incredibly distressing situation, and protecting yourself is of utmost importance. By securing an Order of Protection, documenting incidents of abuse, seeking legal advice from a New York law firm, leveraging state resources, and creating a comprehensive safety plan, you can take significant steps toward ensuring your safety and well-being during this difficult period.
Remember, you do not have to face this challenge alone. New York-based law firms specializing in family law can provide the legal support and guidance needed to navigate this complex process while prioritizing your safety and helping you build a brighter future.
For more tips like these, be sure to check out the blogs on our website or give us a call at 518-412-4111 to schedule a consultation today!
Debra Whitson, Executive Contributor Brainz Magazine
For the first half of her career, Debra Whitson was a prosecutor, and she spent the latter half specializing in Matrimonial and Family Law. She is an experienced mediator and collaborative divorce practitioner as well as a recognized expert in working with victims of domestic violence. Debra believes that legal battles are more harmful to families than helpful, and is passionate about helping people find ways to make their own decisions for their families, rather than leaving their outcomes in the hands of a stranger in a black robe. When court is unavoidable, Debra aims to educate and support people to make the legal process less costly, scary, uncertain, and stressful.
