Turning Fear Into Power

Divorce for Domestic Violence

Legal Counsel for Family Offenses and Domestic Violence Cases

If you need legal help in a case of domestic violence in Staten Island, Brooklyn, or in the counties of Monmouth or Middlesex, New Jersey, you will get the legal support and guidance you need from us. As matrimonial divorce lawyers, we are licensed in New York and New Jersey and can represent you in your domestic violence matter. State laws assist victims of domestic violence with many legal protections which our firm can put into place for your benefit.

Legal Protections for Domestic Violence Victims

Domestic violence refers to the assault, battery, sexual assault, intimidation, or other abusive treatment of a family member, household member, or intimate partner against another. This abuse can occur between spouses, ex-spouses, family members, people living together, domestic partners, unmarried parents of a child, and dating partners. Domestic violence crosses all social and economic strata, ethnic groups, and religious groups.

Under New York and New Jersey law, an order of protection issued by the courts can protect victims of domestic violence by prohibiting the abuser from contacting the victim in any way at home, at work, or at school. A person named in an order of protection who violates the "stay-away" order can be arrested by law enforcement and charged with a felony when harassing or threatening a victim.

Often, domestic violence becomes an issue in child custody or visitation cases. In these matters, an order of protection may be issued by the courts along with a temporary child support order. Domestic violence cases may be brought before both family and criminal courts concurrently.

Contact us today if you need legal representation in a case of domestic violence.

Understanding Domestic Violence in Staten Island and Surrounding Areas

In Staten Island, Brooklyn, and the neighboring counties of Monmouth and Middlesex, the issue of domestic violence is a pressing concern that affects many families. Local resources, such as the New York City Human Resources Administration and the Middlesex County Domestic Violence Services, provide essential support for victims seeking safety and legal recourse. These organizations can help connect you with shelters, counseling, and legal assistance tailored to your needs.

In Staten Island, the local courts are equipped to handle domestic violence cases with sensitivity and urgency. If you are facing threats or harassment, obtaining an order of protection can be a crucial step in ensuring your safety. Our team is well-versed in the local legal landscape and can assist you in filing for these protective measures, ensuring that your rights are upheld and that you feel secure in your home and community.

Contact us today to discuss your situation and explore your options for legal representation in domestic violence cases.

Have Questions?

We Have Answers!

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
Can My Spouse Transfer Property or Remove My Name From Insurance Policies During Our Divorce Proceedings?

In September 2009, the New York State legislature enacted new Automatic Restraining Orders which prevent parties from incurring unreasonable debt, spending unreasonable amounts of money, with the exception of the payment of regular bills and reasonable legal fees, from transferring property, removing or terminating insurances, etc. during the divorce. These orders are automatically binding upon the plaintiff, and become binding upon the defendant, once he or she is served with the documents initiating the divorce.
What Are Grounds for Divorce in the State of New York?

In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.