Queens Domestic Violence Lawyers
Domestic violence comes in many forms, and often, victims suffer in silence. Perpetrators of domestic violence may use manipulation to keep victims quiet along with the threat of more physical abuse. This can cause a victim to feel like a prisoner in his or her own home, furthering the isolation that allows domestic violence to flourish.
Domestic violence is also a common cause for divorce in the United States. This is often the end result when the person you married turns out to have a hidden side that may have gone unnoticed earlier in your relationship. Domestic violence in a marriage may also start out with verbal abuse, but in time, the abuse becomes physical instead of just mental and emotional.
Should I Divorce a Spouse Who is Abusive?
Many spouses who are in domestic violence situations find themselves wondering whether divorce is the course of action. Because every situation is different, there’s no clear answer, but if you are suffering due to domestic violence, you are highly encouraged to reach out for help. Divorce is one option that may help you find peace in your life, but depending on the situation, seeking a divorce may bring about a new set of challenges.
Speak With a Divorce Lawyer
To get a better idea as to what legal options are available to you in separating from your abuser, it’s often recommended to partner with a divorce lawyer. He or she can provide a confidential consultation in which you can discuss the specifics of your marriage and receive answers to your questions regarding divorce. From there, your lawyer can advise you and even provide legal representation in court if you decide to pursue a divorce.
Can I Seek a Restraining Order?
If your spouse is unwilling to accept your wishes to separate, you may need to file for a restraining order against him or her. This is a legal order that provides binding terms instructing your spouse to maintain a certain distance from you and sets rules for contact. Keep in mind that you don’t have to get a divorce in order to file for a restraining order, but you might consider seeking an order if your spouse is not willing to respect your decision to seek a divorce. If you decide that a restraining order is in your interest, your attorney can help you file the paperwork and understand the order’s terms.
Do I Need to Appear in Court?
Because of the sensitive nature of divorce as it pertains to domestic violence, your attorney will handle all legal contact with your spouse and/or your spouse’s attorney. This is done to protect you, but it’s also done to prevent emotions from running high and things taking a turn for the worse. When someone is upset over an impending divorce, he or she may say or do things that can jeopardize the decree issued by the judge. Your attorney can act as an independent buffer to keep things civil.
Your attorney will also handle most, if not all, of the courtroom proceedings if court is required. If you do need to appear in court, your divorce attorney can work with the court to keep your spouse away while you need to make an appearance.
What If My Spouse and I Have Minor Children?
Children can add an additional layer of complexity to any divorce case, but the need to bring about a peaceful resolution to your divorce is all the more important if domestic violence is involved in a marriage with children. Some abusers will use children as a means to take revenge on a spouse after a divorce, or they might try to instigate a fight by turning children against the spouse seeking a divorce.
These types of situations require delicacy because they involve the safety and well-being of small children, but they also require resolve and courage. Your attorney can provide you with options regarding the seeking of full legal and physical custody in order to protect your children. He or she can also help you navigate the challenges that may come up when dealing with family court procedures.
Contact a Divorce Attorney to Learn Your Options
As stated, every marriage is unique, but the bottom line is that you do have options available that include divorce if you want to pursue that route. Your divorce lawyer can help you make decisions that will make the process as fast and easy as possible, and it’s important for you to know that your privacy and your safety will be prioritized throughout the entire divorce process. Even if you aren’t sure that divorce is the right answer for you at the moment, if a spouse has shown a tendency toward becoming violent, now may be a good time to at least consult with a divorce attorney should his or her services be needed in the future.