Legal Question in Family Law in New York

Domestic violence is a major factor when determining custody and or visitation. You should also consider taking out an order of protection against him.

The first step is to get an order of protection with a stay away provision. You should go to the family court and apply for one immediately. It would be extremely helpful if you have proof of these threats (text messages, witnesses, etc.) As to the issue of custody, as a general rule the courts will not award joint custody in cases where there is a history of domestic violence.