Incidents of domestic violence can significantly affect divorce and child custody decisions. This type of abuse is any behavior or action committed to impose control and power over a spouse or partner. Still, this term could loosely pertain to various offenses based on the relevant state law.
In New York, domestic or family violence is a category that could cover a wide range of violations and crimes, including the following:
- Assault: Hitting, punching and other actions that cause injury or physical harm
- Stalking: Following or tracking the other party
- Harassment: Repeated actions or behavior intended to cause distress or harm
- Aggravated harassment: Harassment committed using electronic devices or channels
- Menacing: Intimidation or threats of physical harm
- Reckless endangerment: Deliberately putting another party in a dangerous situation
- Strangulation: The act of strangling or choking
- Disorderly conduct: Disturbing or disruptive behavior, such as fighting or shouting as if intoxicated
- Criminal mischief: Destructing or damaging another party’s property
- Sexual abuse: Committing sexual acts or conduct without the other party’s consent
- Intimidation: Delivering words or executing actions to incite fear or enforce control over someone else
- Threats: Words meant to scare another
- Identity theft: Using another’s details without consent
- Grand larceny: Stealing another’s property with a dollar amount exceeding $1,000
- Coercion: Stopping another from acting according to their legal rights
These offenses might fall under domestic violence if the incident meets specific circumstances. If deemed as criminal domestic violence, the law could impose immediate actions, including mandatory arrest and issuance of protection orders.
Addressing domestic violence with urgency
Whether undergoing a divorce or finalizing child custody arrangements, the court has safeguards to address domestic violence urgently. It is essential for the court to prioritize the safety of all involved parties, more so if the case involves children.
