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Allegations of abuse in a divorce case

On Behalf of | Oct 18, 2022 | Firm News

A contentious divorce may involve countering a soon-to-be ex-spouse’s allegations of child abuse or domestic violence. As noted on the New York State Unified Court System website, individuals may submit evidence to prove or disprove any claims.

During a hearing, the court could review images or documents that support or counter the allegations. Spouses may testify under oath and describe their experiences or ask others to provide supportive testimonies.

Court hearings may raise awareness of alcohol abuse

NYCOURTS.gov notes that hearings allow spouses to report issues of child neglect or abuse. A spouse, for example, may assert the right to child custody by claiming that his or her ex-spouse abuses alcohol, as noted by the American Bar Association.

A judge may review evidence such as an individual’s arrest records for driving under the influence. Medical documents or attendance at treatment programs could also factor into the judge’s decision. Without written documents, the court may request an EtG test, which detects alcohol in an individual’s system over the past 80 days. An individual may also request that the court subpoena records related to untrue statements.

A spouse may request a protection order

As reported on the NY.gov website, episodes of disorderly conduct, assault or reckless endangerment may compel a spouse to request a protection order. A divorce court judge may review evidence, such as related documents and testimonies, before granting a protection order.

During the divorce proceedings, a judge may consider a custody arrangement based on the evidence of alleged domestic violence or abuse. The information presented to the court may influence a judge’s decision when awarding child custody or approving a visitation schedule.