The stress of going through a divorce can be significantly amplified when harassment from a soon-to-be-ex spouse is involved. If you find yourself in this unfortunate situation, you may not know where to look for help. Please continue reading as we explore the potential legal remedies available and how a compassionate Garden City Divorce Lawyer can guide you through these difficult times.
What Constitutes Harassment During a Divorce?
In New York, harassment is defined as any action intended to harass, annoy, or alarm another person. Harassment falls under the penal code, meaning it’s a criminal offense. It can be charged as a Class B misdemeanor or Class E felony for aggravated harassment. This offense can carry steep monetary fines and up to four years in jail. A person can be charged with harassment while going through a divorce if they are guilty of any of the following behaviors:
- Striking, shoving, kicking, or otherwise subjecting a person to unwanted physical contact, or attempting or threatening to do so.
- Following a person in or about a public place.
- Publishing communications on the internet or social media that intend to defame the other party.
- Engaging in a course of conduct or repeatedly committing acts that alarm or annoy the other person, which serve no legitimate purpose.
As you can see, harassment during a bitter divorce can take many forms. If your ex has engaged in any of the aforementioned behaviors, it could warrant harassment charges.
What Legal Remedies Are Available?
If your ex is harassing you during your divorce, your attorney can advise you on the legal options available to you. If the harassment you are experiencing involves threats or physical danger, you should immediately contact the police and get to a safe place. Depending on the severity of the situation, your attorney can help you seek a restraining order or injunction, which will prohibit your ex from contacting you or coming within a certain distance of your home, workplace, or other locations.
The court will require evidence to support any claims of harassment against your ex. This includes documenting all instances with screenshots of communications, including emails, messages, and social media posts, along with the dates and times they occurred. Additionally, statements from witnesses who can corroborate your claims will help secure a protective order. In most cases, the court will grant a temporary restraining order while they investigate the alleged harassment to ensure your safety and well-being.
If you are facing a divorce and are being harassed by your former partner, it’s in your best interest to contact a qualified attorney as soon as possible for help. At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you determine the best course of action. Connect with our firm today to learn how we can fight for you.
