Legal Question in Family Law in New York

Re: Marital Issue

You consult a qualified matrimonial attorney in your area to protect your rights. The cost of the consultation is small compared to the problems you can create for yourself by trying to go through this without legal representation.

Re: Marital Issue

If the threats have esculated to any physical or emotional harm, I would not involve the polce yet.

Have you had a separation agreement drafted?

Are you interested in obtaining custody/visitation of your child if you move out?

Were are you currently located as you list NV and NY as the states of interest.

Patricia Martin-Gibbons

Re: Marital Issue

If your spouse commits or even threatens to commit an act of violence the police should be immediately summoned. When there has been an act of domestic violence and the police forced to respond, they have no discretion and will make an arrest.

In cases where each of the parties accuses the other of domestic violence, both parties could find themselves under arrest. The police will arrest both parties and let the court sort out the facts and determine who is the violent offender. When there is an arrest, an order of protection is issued.

In cases where there has been no actual violence, but your spouse still threatens to call 911, it is best to simply leave the home. It is simply too dangerous to remain under the same roof with someone willing to make false accusations of domestic violence. From my professional experience, these threats are carried out. Fights are provoked and the police are called.

If you are arrested and an order of protection is issued, you will be expelled from the marital home and may have limited access to you children. You will be able to retrieve your clothing and other personal property if escorted by the police.

Given that your personal liberty is a stake, there is no downside to leaving the marital home given the threats