How Domestic Violence Can Impact Child Custody in Manhattan
Domestic violence is always a difficult topic to discuss, however, it is important to know how to protect your children if they may have been impacted by domestic violence. The most critical thing to keep in mind is to remove your children from the situation as soon as possible and keep them safe.
When children witness domestic violence between their parents, it can really take a toll on their mental health. A family law judge in New York state will take domestic violence charges very seriously and the outcome of child custody and visitation will be impacted. It is the responsibility of the judge to ensure that the safety and well-being of children are taken into serious consideration prior to granting any child custody or visitation rights.
Domestic violence in New York state is handled in courts as a “family offense.” The types of crimes that are included under domestic violence may include assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangling or choking, disorderly conduct, criminal mischief, sexual abuse, intimidation, threats, intimidation, or coercion.
It is unfortunate, but sometimes a parent may fabricate domestic violence claims to take advantage of gaining full custody or preventing custody to be granted to the other parent.
In most cases, the person accused of domestic violence will be able to present proof that they are not a threat to their spouse or children, but it is always not so simple to do so. If this is the case, it is imperative to consult an experienced New York family law attorney who can provide sound legal counsel.
If you have experienced domestic violence, it is just as important to consult a family law lawyer who can help you. With the assistance of a family law attorney, you may be able to obtain an emergency restraining order that keeps your spouse from entering your home. A temporary restraining order can be valid for up to four weeks. It is also a good idea to ask your divorce lawyer if they can refer you to a criminal lawyer that can further help your case and situation.
Regardless of if you have been wrongly accused of domestic violence or if you have been the victim of domestic violence, it is best to consult a Manhattan Divorce Attorney who can provide guidance on your case and the best way to protect your children when it comes to child custody.
Need Assistance with Child Custody in Manhattan?
Contact Sabra Law Group today if you need assistance with child custody or divorce in Manhattan, call (646) 472-7971.