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.

Have Questions?

We Have Answers!

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.
Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.
My Child Is 6 Years Old, and My Former Partner Is Not Paying Child Support; Is It Too Late for Me to Seek Support at This Time?

No, it is not too late. Your child is entitled to receive child support until age 21, you can file for child support for the child at any time before the child reaches the age of 21. With that said, all cases fact sensitive and you may want to consult with Attorney Dow before filing an application.