Need to Protect Yourself in Your NYC Divorce?

Has domestic violence or the threat of abuse become an issue in your New York divorce?

Orders of protection, or protective orders, can offer protection from spouses who have threatened or assaulted you. These orders can be sought independently from, in advance of, or requested in conjunction with divorce proceedings. They may or may not have any guaranteed material impact on divorce proceedings, but they can be offered as evidence of abuse against the alleged perpetrator of violence giving rise to the order.

Regardless of which of these bests encompasses your spouse’s or family member’s actions, it may be wise to enlist the assistance an attorney to move quickly to protect your physical well-being or the well-being of your children. Attorney Naomi Schanfield discusses the challenges of navigating NY domestic violence laws in her new guide.

Are you the subject of an order of protection?

If, on the other hand, a protective order has been sought or secured against you, or has already been put in place, violating the terms imposed by that order by continuing the activity giving rise to the order itself can have devastating consequences on potential or current divorce proceedings. Going outside of the terms of a protective order can result in significant legal consequences and impacts before the family law courts.

Do not be shortsighted. Seek the assistance of experienced attorneys to understand the terms of the protective order that has been issued against you. This can be a difficult step, but letting the situation deteriorate can only have a more significant impact down the road.

The attorneys at Bikel Rosenthal & Schanfield can provide clear guidance as it applies to the legal framework of protective orders and temporary restraining orders. Call us today.

What types of protective orders are available in my situation?

The New York courts of family law can issue a suite protective orders, and these can be temporary in nature or more extensive. First, applicants for divorce can obtain a temporary order of protection by describing in a petition the actions that are giving rise to the request for the order. That is, an applicant will have to tell the court about one or more of the incidents. This can be difficult, and attorneys can assist, but the rule of thumb is to tell the most recent incident, the first incident, and the worst incident.

This is not an exhaustive list of the types of protective orders potentially available to you. Whether you can seek and successfully obtain an order will be entirely dependent on the circumstances giving rise to the application.

Additionally, upon filing for divorce, an “Automatic Order” will be instituted that will operate to protect the status quo going into the divorce. This Automatic Order is a restraining order on both spouses to prevent the conveyance of assets and income that is otherwise not ordinary or customary. That status quo protection can extend to most anything that will be touched by the ultimate divorce proceedings, from marital property to shared business interests, to insurance policies covering you or your spouse or both.

How the NYC divorce lawyers at Bikel Rosenthal & Schanfield will help you.

Domestic violence and abuse are no small matters. Your safety and the safety of your children are paramount concerns, and should and often do take precedence over concerns for property and future divorce or custody proceedings.

The skilled team of NYC family law lawyers at Bikel Rosenthal & Schanfield have the extensive divorce trial experience necessary to navigate these complex and delicate dynamics. That’s why New York’s most visible and well-known families trust us to represent them in divorce.

We will listen to your unique situation with compassion, prepare you to explain your specific circumstances to the family court, and help you get the protection you need using strong legal tools.