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Is Emotional Abuse Domestic Violence on Long Island, NY?

Is Emotional Abuse Domestic Violence on Long Island, NY?

Is Emotional Abuse Domestic Violence on Long Island, NY?

Far too many people on Long Island wonder if emotional abuse counts as domestic violence under New York state law because the answer may not be immediately clear. Emotional abuse can look very different from person to person and show up in many varied ways, making it difficult to ascertain if emotional abuse can be categorized as domestic violence. Below, we review the connection between domestic assault and emotional abuse and when you should think about calling a divorce lawyer on Long Island.

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What Is Emotional Abuse?

Emotional abuse is unfortunately all too common and can be equally hurtful as physical assault and abuse. It involves toying with the emotions of someone else, usually a domestic partner, in order for the abuser to get what they want. Although many people may consider this type of harm less significant and dismiss it, it can be extremely impactful on the victim and an indicator of physical violence to come.

Different Types of Emotional Abuse

There are many different types of emotional abuse, but some of the most common include verbal abuse, gaslighting, and manipulation. Verbal abuse is any kind of name-calling or put-downs. It can also involve saying things that are intended to scare or intimidate someone.

Gaslighting is when an abuser tries to make their victim doubt their own memories or perception of reality. Manipulation occurs when an abuser uses words or actions to control their victim’s thoughts, feelings, or behavior. Most abusers use any combination of these to gain power over their victims.

Warning Signs of Emotional Abuse

There are many signs that you may be in an emotionally abusive relationship, including but not limited to the following:

  • You feel afraid or nervous around your domestic partner
    • You are frequently criticized, put down, or ridiculed
    • You do not have any control over the finances in your relationship
    • Your spouse or partner has hurt or has threatened to hurt your animals
    • You feel like if you aren’t careful around your spouse or partner, they will become extremely angry

The Impact of Emotional Abuse

Emotional abuse can have a serious impact on both your mental and physical health. It can cause anxiety, depression, sleep problems, weight gain or loss, and even post-traumatic stress disorder (PTSD). If you believe you or someone you care about might be the victim of emotional abuse or domestic violence, it’s crucial that you or someone else calls for help from a friend or family member you trust, a therapist or counselor, or an attorney.

Is Emotional Abuse Domestic Violence?

The Definition of Domestic Violence

Each state has its own separate explanation of what legally does and does not constitute domestic violence. That said, most states agree that the term includes any kind of the following types of assault — sexual, physical, financial, or emotional abuse against a domestic partner or other live-in family member.

Although physical abuse can be more easily seen than emotional abuse, emotional violence can be just as harmful. On Long Island, NY, spousal and domestic abuse is a crime and includes physical assault, sexual assault, neglect, and emotional or verbal abuse.

How Emotional Abuse Leads to Domestic Violence

Only being the victim of emotional abuse doesn’t mean that someone is safe from physical assault. They actually occur together more often than not. People who are abusive may use emotional violence as a way to control and manipulate their partners before ever becoming physically violent. Recognizing the signs of emotional abuse and taking action is important before physical assault actually occurs.

When to Contact a Divorce Lawyer for Help

If you are the victim of emotional abuse, don’t wait any longer to get help. An experienced Long Island family lawyer has knowledge of resources in your area like domestic violence shelters, charities, and safe houses that can give you a safe place to stay. They will maintain your confidentiality and will only contact you through approved means of communication.

Unfortunately, not everyone who allegedly committed domestic abuse is guilty and false accusations are actually quite common. If this happens to you, you should take immediate action to protect your rights and reputation. The first step is to consult with a divorce lawyer who has experience handling these types of cases.

A qualified divorce lawyer and family law attorney will be able to review the evidence against you and develop a defense strategy tailored specifically for your case. This may involve challenging witnesses who aren’t credible or casting doubt on the motives of the alleged victims. With an experienced advocate on your side, you stand a much better chance of achieving a positive outcome in your case.

Call Hornberger Verbitsky, P.C. Today

At Hornberger Verbitsky, P.C., we’re here for you. Contact our office today to schedule a free consultation to discuss your case and legal options by calling 631-923-1910 or fill out the form on this page.

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Janine Keleghan
Janine Keleghan
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From the minute my now x-husband and I met with Robert, we both felt comfortable and confident that he and his firm were a great fit for our "gray divorce". Divorce is unsettling but the firm and the confidence, consideration and responsiveness made this very challenging time much easier to navigate. I am grateful for the whole team at Hornberger Verbitsky. Reasonable competent and fair to both my "x" and I. I would not hesitate to recommend them to anyone needing legal representation. Patty is also the "bomb" she was always kind and patient with me, which was a blessing during this very difficult life changing time.
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Darlene Iglio
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Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email, even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.

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Leaving a violent relationship is extremely difficult; much more so than people tend to believe. It’s easy to say, “well, just leave him”, but when you’re the victim of domestic violence, the most dangerous time is when you leave and directly afterward. Here are some tips on how to get out of a dangerous marriage on Long Island.

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How Can I Prove Domestic Violence Accusations are False?

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Sadly, many cases of divorce on Long Island arise from situations of domestic violence. Too many of them are legitimate cases of violence, and some are false accusations driven by the desire of one person to gain control over the other. Whether you’re working toward proving that the violence occurred or you’re fighting unjust accusations, you’ll need evidence on your side. Here’s what you need to know about proving domestic violence in a Long Island divorce case and what types of evidence can be brought forward. (more…)

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Long Island Order of Protection Questions Answered

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Divorce Attorney Consultation

As an experienced Long Island Divorce and Family Law Attorney, we see countless clients come to us seeking advice on obtaining an Order of Protection (OP).

The Basis for Granting an Order of Protection on Long Island

Orders of Protection are court-ordered documents that require the respondent (the abuser) to stay away from or refrain from contact with the petitioner (the victim of abuse). Family Courts in Suffolk County, Nassau County or any other county in New York are the most common forum in which to seek an Order of Protection. In order for the Family Court to grant an Order of Protection, the respondent must have committed a family offense.
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Long Island Family Law Attorney Answers FAQs About Orders of Protection on Long Island

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Divorce Attorney Consultation

As an experienced family law attorney on Long Island I receive a lot of questions about Orders of Protection. Here are answers to some of the most frequently asked questions about orders of protection.

What is an Order of Protection?

If someone close to you, such as an intimate partner or a family member, is abusing you, you may be able to obtain an Order of Protection against them. An Order of Protection is a court order that will require the abuser (the “respondent”) to stop abusing the victim (the “petitioner”), and may also contain additional instructions that the respondent must follow.
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Long Island Family Law Attorney Offers Domestic Violence Help in Nassau County, Suffolk County

Long Island Family Law Attorney Offers Domestic Violence Help in Nassau County, Suffolk County

Domestic Violence and Orders of Protection on Long Island, New York

As a family law attorney serving Suffolk County and Nassau County residents of Long Island, I am saddened to see a number of domestic violence cases each year.

For a person experiencing family violence, including threats or other abusive behavior, an Order of Protection is a helpful tool that can help to limit the behavior of the offender.

In Suffolk County or Nassau County Family Court, these orders are often between a current and former spouse, a person with whom the victim has a child in common, another family member related by either blood or marriage, or a person with whom the victim has had an intimate relationship. Many Orders of Protection in New York are “limited” in that they allow contact between the offender (also known as the respondent) and victim (also known as the petitioner) so long as there is no harassment, physically abusive behavior, or other intimidating or threatening conduct.

Orders of Protection Vary in Nassau County and Suffolk County Family Courts
Orders of Protection can vary greatly depending on the circumstances of each case and the reason the order is needed. Orders of Protection can instruct an offender to “stay-away” from the victim and the victim’s children and/or to “refrain from” certain abusive behaviors or activities. In certain circumstances, an Order of Protection may direct the offender to move out of the home in order to protect the victim. An order will likely direct the offender to refrain from threats, intimidation, or physical abuse. The Order of Protection can also instruct the offender to follow custody orders, pay child support, to not have a gun, or to stop calling or texting the victim.

In Suffolk County & Nassau County, Orders of Protection Issued by Family Court, Criminal Court & Supreme Court
Orders of Protection may be issued by the Family Court, Criminal Court, or Supreme Court. The existence of any other legal proceeding involving the parties may determine which court issues the Order. For example, for couples involved in a divorce, an Order of Protection may be issued in Supreme Court where the matrimonial proceeding is pending. For parties involved in a domestic violence or other criminal charge in Criminal Court, the Criminal Court may issue the order. And, finally, a family member may petition the Family Court for an Order of Protection.

Family Offense Petition
In Family Court, the victim may wish to file what is called a “Family Offense Petition.” The petition should contain all of the relevant information, including the conduct and behavior that caused them to believe the protective order is necessary. Once the petition is filed, a temporary order of protection may be issued until the other party has a chance to appear in court. Once the court determines that, based on the petition, an Order of Protection may be necessary, both parties will be asked to appear in court. The judge will decide which terms and conditions are to be included in the order based upon the nature of the offense and conduct in the petition.

Orders of Protection Can Be Useful Deterrents for Abusive Behavior on Long Island
An Order of Protection is often a useful deterrent for abusive behavior. It is a crime to violate an Order of Protection. The Order acts as probable cause for an arrest if police are called to a scene of a domestic dispute. This means that the police will not have to use judgment in determining whether to arrest the offender at the scene; the order of protection will allow the police to arrest if it appears that the Order of Protection is being violated. Any violation of an Order of Protection can result in new criminal charges. It is important for offenders to know that even if the victim/petitioner initiates the contact, it does not excuse the violation of the Order of Protection.

Contact Long Island Family Law Lawyer for Information on Domestic Violence and Orders of Protection in Nassau County and Suffolk County

If you believe that you may need an Order of Protection, or if an Order of Protection has been issued against you, it is important that you speak with an experienced attorney to know your rights and options. The Law Office of Hornberger Verbitsky, P.C. can assist you with your Family Law and Divorce Law matters in Nassau County and Suffolk County. Contact our office at 631-923-1910 or fill out the short form on this page to schedule your free consultation.
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Download our Free New York Divorce Guide

Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.

Divorce Lawyer on Long Island Asks If You Need an Order of Protection if You’re Afraid of Your Spouse

Divorce Lawyer on Long Island Asks If You Need an Order of Protection if You’re Afraid of Your Spouse

Do You Need an Order of Protection on Long Island?

As a Divorce Lawyer on Long Island, I’ve seen that some Nassau County and Suffolk County Divorces proceed quickly and smoothly; the parties agree on everything, their divorce attorney drafts the necessary paperwork, the parties execute all documents and the paperwork is submitted to the Court in Nassau County or Suffolk County. This is the desire of the majority of clients who walk into my office, and I am more than pleased when their matter proceeds as described.

However, a number of my Long Island divorce clients cases precede nothing like the above, and at times, spouses may be afraid of one another. If you find yourself in a situation where you are in fear for the safety of yourself or your children as a result of your spouse’s actions, the following are the most common routes to ensure you and your children are protected.

1. Call the local police department. If you find yourself in the midst of an argument with your spouse and you begin to fear for either your physical or mental well-being, dial 911 and call the police immediately. Upon the police’s arrival, they will take what is called a Domestic Incident Report. You will be the complainant, and the police will ask you for a description of the event, or events, that took place. While you may hope your spouse gets arrested on that spot, his or her arrest will depend upon the severity of the incident. But do not lie about what occurred in the hopes you will get your spouse thrown in jail. Be truthful and honest, as you may be required to annex a domestic incident report as an exhibit in a later court filing.

2. File for an Order of Protection in Nassau County or Suffolk County Family Court. If your spouse’s troublesome behavior is routine and consistent you may file for an Order of Protection in the Family Court of the county in which you reside. There are two types of orders of protection: a Stay Away and a Refrain From.

a. A Stay Away order of protection directs the subject of the order to “stay away from” the petitioner’s residence, place of employment and the petitioner themselves. If you are granted a “stay away” order of protection against your spouse, he or she will be required to vacate the marital residence.

b. A Refrain From order of protection directs the subject to “refrain from” engaging in the behaviors which brought the matter in front of the Family Court in the first place. If you are granted a “refrain from”, your spouse is not required to vacate the marital residence, however, if they violate the order, you can call the police who will likely arrest your spouse for said violation.

3. File in the Supreme Court for Exclusive Use and Occupancy of the Marital Residence. At times, I will direct clients to file for an order of protection in Nassau County or Suffolk County Family Court and they will either be denied said order or receive a refrain from. On occasion, clients are satisfied with the refrain from order, however, some are still in fear of their spouse’s behavior and want to know what other remedies are available to them.

My next step in these instances is to file an Order to Show Cause for Exclusive Use and Occupancy of the Marital Residence in the Supreme Court. This is a motion which, if granted by the judge, provides the relief requested immediately. This will also ensure that your spouse can no longer enter the marital residence. Generally, parties are not required to appear on the initial date of filing of an Order to Show Cause; however, the Judge may require a party’s appearance in extreme cases. If you previously filed domestic incident reports or orders of protection against your spouse, these will most likely be annexed to the motion as an exhibit.

If you are going through a Nassau County or Suffolk County Divorce and are afraid of your spouse make sure you speak to your Long Island Divorce Attorney about the remedies available to you. Divorce cases are not one size fits all, and therefore what was appropriate in your friend or family member’s matter may not be appropriate for your case.

Receive a Free Divorce Attorney Long Island Consultation

For more information about how to protect yourself and your children during your divorce in Nassau County of Suffolk County, contact an experienced Long Island divorce attorney. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you

Download our Free New York Divorce Guide

D-LI eBookCoverCTAsmOur 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.