Onondaga County Lawyer Handles Divorces Involving Domestic Violence Allegations

Experienced Syracuse attorney represents clients leaving abusive marriages

Domestic violence is a serious problem for far too many families, and escaping it may be the only way for spouses and intimate partners to protect themselves and their children. If you live in Central New York and seeking a divorce where spousal abuse is a potential issue, Bombardo Law Office, P.C. is ready to take legal action on your behalf to protect your safety.

Understanding domestic violence in New York

Under New York law, domestic violence may be described as abusive conduct or the threat of abusive conduct directed against someone who is the perpetrator’s spouse, former spouse, co-parent, relative or intimate partner or any other person who shares a household with them. The abusive conduct or threats may be physical, emotional, financial or sexual. In a divorce case, a history of domestic violence in a family can negatively impact the perpetrator’s rights with respect to child custody and visitation, division of marital property and alimony.

How domestic violence impacts divorce

Cruel and inhuman treatment, which may be exemplified by domestic violence, may itself be one of the grounds for divorce alleged by the victimized spouse. Allegations of domestic violence might also influence child custody orders and modifications in favor of the non-abuser, particularly if the child is potentially at risk of physical or emotional harm. Alimony (referred to as maintenance under New York law) and property division rulings can also take partner abuse into account.  The court may also issue an order to protect the victimized spouse from their abuser.

Steps to take when filing for divorce with domestic violence

When you are filing for divorce in a case involving domestic violence by your spouse, there are several steps you should consider and may take, depending on the complexity and circumstances of your case, including:

• Moving to a safer location
• Seeking the support of friends and family you trust
• Working with a lawyer familiar with handling abuse cases
• Seeking an order of protection from abuse from the court
• Coordination with law enforcement if needed
• Seeking sole custody of your children
• Modifying the divorce filing process to address the domestic violence

I am experienced in advising and assisting my divorce clients on how to protect themselves from domestic violence, and in assisting them with modifications and enforcements of existing orders if warranted by threats or abuse.

Challenges and considerations in domestic violence cases

A knowledgeable divorce lawyer can help you navigate the considerations and challenges that may arise in a divorce case where domestic violence is a factor. Some of the most common challenges are:

• Ensuring your personal safety
• Dealing with intimidation and harassment
• Gathering evidence safely
• Court delays and procedural complications
• Child custody modifications
• Financial considerations, including alimony and child support

I have been able to help my clients deal successfully with these issues in divorces involving domestic violence in the past, and I am ready to work tirelessly on your behalf as well.

Frequently asked questions

Can domestic violence affect custody in New York?

Yes, a history of domestic violence by one of the parents may result in that parent being denied custody of the children.

How do I get an order of protection in New York?

If you fill out and file a protection from abuse form, the judge will issue a temporary restraining order that is immediately effective. You will need to go to court to testify about the abuse before the court will make the order permanent.

Can I file for divorce without my abusive spouse knowing?

You can file without their knowing, but not for long, because you must then serve the divorce papers on them. However, I can take legal steps to help protect you from them before they learn of the divorce.

Does domestic violence affect alimony in NY?

Yes, it's a factor the court can take into consideration in calculating alimony and may result in a domestic abuser being required to pay more alimony if they have more income than their spouse or receive less alimony if they have less income.

Contact a New York divorce lawyer for assistance with a domestic violence issue 

Bombardo Law Office, P.C. helps clients throughout Central New York who are divorcing an abusive spouse. To schedule a consultation, please call 1-315-488-5544 or contact me online. My office is located in Syracuse.