Blog

Home
|
Blog
|
Criminal Law
|
How to Get Out of an Abusive Relationship in New York

How to Get Out of an Abusive Relationship in New York

On Behalf of vitalianolaw | Feb 02, 2025 |

Few relationships are free from occasional arguments, but an abusive relationship can lead to lasting physical and emotional harm. It can take months or years to gain the confidence to leave an abusive relationship. One early question you may have if you are in this situation is how to get out of an abusive relationship in New York.

Recognizing the Signs of an Abusive Relationship

Abuse within a relationship can take many forms, from controlling behavior to constant criticism and attempts to isolate one partner from their friends and family. Tragically, physical abuse is not uncommon in some relationships in New York. In 2022, the number of victims of domestic violence rose by 8.7% across the state and by 8.5% within New York City.

Acts of physical abuse can include hitting, slapping, pushing, and other forms of harm. Verbal threats are also a serious form of abuse. Threats of harm can leave the other spouse feeling scared and intimidated. The emotional harm of verbal and physical harm can lead to depression, anxiety, and a desire to leave the abusive relationship.

Legal Protections Available for Abuse Survivors in New York

The family and criminal courts can address abuse through several means. Courts can issue restraining orders that prevent contact between the abuser and the victim of abuse. These orders carry serious penalties if the offender violates the order. Violations can lead to jail time, with repeat offenses resulting in longer jail sentences.

The criminal courts handle domestic violence offenses. The first step for holding abusers accountable through the criminal courts is to notify law enforcement about the abuse or to contact the local district attorney’s office. Many DA offices have special departments that handle domestic abuse cases.

If you work in New York, state laws protect abuse victims from workplace retaliation if they take time off for legal or medical needs. If there is an ongoing family court case, the family courts can offer legal remedies that could include child custody modifications that make it easier for one parent to avoid having to come into contact with the other parent.

Steps to Safely Leave an Abusive Partner

If you plan to leave an abuser, there are nonprofits that can provide advice and resources. General advice for safely leaving your abuser includes having a safe exit strategy. Victims of abuse can secure important documents they need to start their new life and establish a support network.

Consulting a domestic violence attorney beforehand can help you better understand the implications of pressing criminal charges against your partner and how leaving your partner may impact child custody. It may also be wise to change your passwords and ensure your phone is untraceable before or shortly after you make your break.

Finding Shelter and Support Services in New York

There are many shelters across the state that can house you and your children. The locations of these shelters are kept from the public. If you are early on in preparing to leave your abusive partner, there are hotlines you can call to begin learning your options and the most effective strategies for successfully breaking away from an abusive relationship.

The Office for the Prevention of Domestic Violence offers a 24/7 hotline. Once you connect to a reputable shelter or advocacy group, you may be eligible to receive low-cost legal assistance and help securing protective orders. Survivors of abuse can also access therapy and group counseling services.

How an Attorney Can Help Protect Your Rights

An attorney can provide you with critical legal advice and support that can help you hold your partner accountable and prevent them from causing further harm to you. An attorney can guide you through the process of securing a protective order. In some cases, you may be able to secure this form of protection on an emergency basis.

Often, the first step is to understand what your rights and legal options are. An attorney can provide you with important answers, including legal options that you may not have been aware of. Non-citizens also have the right to seek protection from abusive relationships. Some non-citizens may be eligible for special immigration status given to individuals who are victims of domestic abuse.

FAQs

What Evidence Is Needed to Prove Emotional Abuse?

Often, the most important evidence used to prove emotional abuse comes from statements from the victim. Emotional abuse cases may not have witnesses who saw the abuse, but there are often witnesses who saw the signs of emotional abuse. If you are the victim of emotional abuse and confided those abusive acts to someone else, that person could corroborate your account of events.

How Can Someone Safely Leave an Abusive Relationship?

Someone can safely leave an abusive relationship when they contact a shelter or advocacy group to learn what steps are needed to safely leave a dangerous relationship. It is important to remember that many people go through these challenges, and there are proven steps that can provide an effective and clear path toward a brighter future.

Is Verbal Abuse Considered a Crime in New York?

Verbal abuse alone is not always a crime, but it can be if it involves threats, harassment, or stalking. In New York, repeated verbal threats, intimidation, or hate speech can lead to criminal charges. If verbal abuse escalates to threats of harm, legal action, such as an order of protection, may be available.

What Is the Most Appropriate Way to Respond to Verbal Abuse?

The safest response depends on the situation. Avoid engaging, set firm boundaries, and remove yourself if possible. If the abuse escalates, document incidents and seek support from trusted individuals or legal authorities. For ongoing threats or harassment, consider obtaining an order of protection or seeking legal guidance on available protections.

Schedule Your Domestic Violence Consultation Today

Being charged with domestic violence is a serious offense that can lead to incarceration and other serious penalties. If you are accused of engaging in abusive behavior, you need the legal services of a criminal defense firm that understands these crimes and how to effectively defend clients in court.

With legal representation from The Vitaliano Law Firm, you can fight your charges so you do not face the most serious penalties under the law. Contact our office today to schedule your initial consultation so we can get to work defending your rights and getting your side of the story across in court.

Testimonials