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NYC emotional distress divorce lawyers

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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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NYC emotional distress divorce lawyers

Emotional distress can be a contributing factor for irreparable differences, which can be a way to file for a divorce. If you feel your spouse is being cruel, that can be interpreted by the court -as a sign of domestic violence. Contrary to popular belief, any type of repetitive – abusive – or inhumane treatment, is considered domestic violence. Typically, cruelty in this manner is thought of as physical – but it can also be emotional harm as well – such violent language, verbal abuse, or threats.

As a result, if you feel there is emotional distress – this may be a sign of domestic violence, which is definitely grounds for divorce! Courts look out for signs of domestic violence and cruelty in marriages all the time. Examples of cruelty, which can lead to emotional distress, are:

-Physical attacks

-Continous rage, anger, screaming, or yelling

-Constant belittling, or criticizing , of the spouse

-Flaunting an adulterous relationship

-Falsely accusing the spouse of actions

-Failing to tell the spouse pertinent information – which is important for the safety of the spouse

At the end of the day, the unifying element is the fact there is a disconnect between the spouses – and there is signs of inhumane treatment – which is negatively impacting one, or more, of the spouses. Divorces where cruelty/domestic violence is in question can be hard to prove. In order to support your divorce case, our NYC divorce lawyers highly recommend you keep things like police reports, medical records, text messages, emails, and any other evidence which can help demonstrate the abuse you have been suffering.

In some states, cruelty and neglect can be grounds for divorce. For example, if a spouse has abandoned his/her family without providing financial support – this can be a sign of cruelty. Abandonment is easier to prove than cruelty.

If your trying to get a “fault” divorce, based on cruelty/abuse/emotional distress – then the burden of proof is on you. You have to be able to prove that you are experiencing cruelty and that staying in the marriage is impossible. Claiming you married a mean husband isn’t enough. In order to prove emotional distress, you have to prove the spouse is doing the same thing – over and over again, with the intent of maliciously hurting you. Things like text messages, police reports, and other such demonstrative evidence is what a court will look for.  Need more information? Speak to one of our NYC divorce lawyers today, who can help provide guidance when you need it the most.

Corporal Injury on a Child

Corporal injury, also known as corporal punishment, is the use of physical force to discipline a child. While the definition simplifies how this act is described, New York’s laws are not as clearly defined. Exceptions between private and public schools, as well as who performs the act of discipline, is open to interpretation.

For instance, New York does not permit corporal punishment in public schools, but private schools may use this form of discipline with parental consent. The exception to this and within the household changes if the physical force is considered child abuse or assault and battery.

Is Corporal Injury on a Child Legal in New York?

Although corporal punishment is legal in the state, it does not mean that child services will not get involved in certain cases. One family might perceive spanking children as something that is perfectly normal. Another might deem an act of child discipline too harsh. The result can be a claim, sometimes arising during a child custody battle, where one parent considers the discipline of the other parent as abusive.

In the end, social workers are usually called in to make the judgment call on how the child was affected. The final determination can lead to the arrest of one parent and profoundly impact the entire family.

Moral arguments aside, there are some legal aspects to consider. One law holds that a child under 18 years of age can be legally neglected when her emotional, mental or physical condition is impaired. The law also holds that neglect occurs if there is imminent danger from a parent or caregiver who inflicts or allows unreasonable harm, which includes excessive corporal punishment.

Criminal Law on Corporal Injury

New York’s law on corporal injury is very broad and open to many degrees of interpretation. The criminal law, however, provides a narrower definition on what is justified use of physical force against children.

By law, a parent, guardian or any person who is entrusted with caring for and supervising another person who is under 21 is permitted to use physical force upon that person. This does not, however, include using deadly force. Further, the physical force must be reasonably necessary to maintain discipline or promote the positive welfare of the person.

Open to interpretation is how “reasonably” is applied to the rule of law regarding assault, battery and vicarious liability.

An assault charge may occur if the child or parent makes the claim against a teacher, school employee or the school. Even the threat or attempt of assault with the intent to inflict injury can lead to charges when paired with the alleged victim’s apprehension of injury.

Battery charges involve the intentional tort defined as unwanted touching. In this case the victim does not necessarily feel pain but the unwanted touching is something that a normal person would find offensive. Pulling on clothes or even grabbing a backpack could be defined as an act of battery.

In the case of vicarious liability, New York law permits a victim of corporal injury to sue an employer when an employee causes harm during the scope of the employee’s employment. For example, a teacher may use physical force to punish his student during class time or any other scope of duties. If so, the parents and the student might have a claim against the school, in addition to bringing charges against the teacher.

Work with a Skilled criminal attorney

If you are facing charges of corporal injury on a child, you need a proactive legal strategy. Guilt or innocence might not be enough to overcome the stigma of being accuse. Attorneys at Raiser & Kenniff, PC will use our years of prosecuting experience to build the best defense on your behalf.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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