Brooklyn, NY asked in Divorce, Family Law, Child Custody and Domestic Violence for New York

Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my parents house before he gets home, because i feel very unsafe for mine and her health and otherwise he will not let me leave.

3 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Divorce Lawyer
  • Mineola, NY
  • Licensed in New York

A: You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

4 users found this answer helpful

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Yes you can move. That will likely bring on a custody battle with your husband. You should go to Family Court and file for an order of protection if your husband has hit you or threatened to harm you. When in Family Court, you can also file for custody of your child.

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: If there are domestic violence issues, then you're always free to leave. Let him know where you went, and then strongly consider filing for an order of protection and/or a divorce case. If he won't "let you leave" then that speaks to the fact that you should - no one deserves to be to that type of controlling spouse. I highly recommend you schedule a consult with a Divorce Attorney in your area for a full assessment.

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