Olivia, we are really sorry you’re going through this. Your safety and the safety of your children should be the top priority. In New York, domestic violence can have a significant impact on both divorce and custody decisions, and the courts take it very seriously. New York is a no-fault divorce state, meaning you don’t have to prove wrongdoing to get a divorce. However, if domestic violence has been an issue, it can still play a role in decisions about spousal support (alimony), property division, and, most importantly, child custody. Courts may consider a history of abuse when deciding whether a spouse should receive financial support or how marital assets should be divided. When determining custody, the court’s main concern is always the best interests of the child. If there is evidence of domestic violence, it will absolutely be a factor in deciding custody and visitation rights. Judges will consider: The severity and frequency of the abuse Whether the children were direct victims or exposed to the violence The potential risk of future harm The abusive parent’s ability to provide a safe and stable environment If a parent has a history of domestic violence, the court can limit or deny custody, restrict visitation, or order supervised visits. In extreme cases, the court may revoke parental rights if there is evidence that the child’s safety is at serious risk. Steps You Can Take Right Now File for an Order of Protection. If you feel unsafe, you can request an Order of Protection from the court, which can legally require your spouse to stay away from you and your children. Document everything. Keep records of police reports, medical visits, threatening messages, or anything that shows a pattern of abuse. This evidence can be used in court to protect your rights. File for emergency custody. If you believe your children are in danger, you can ask the court for emergency custody, which can temporarily limit or suspend the abusive parent's rights. Get legal help. A lawyer who specializes in family law and domestic violence can help you navigate this process safely and effectively. If you’re in immediate danger, reach out to local domestic violence support organizations or law enforcement for help. You have legal options, and you don’t have to go through this alone. If you need guidance on your next steps, we strongly recommend speaking with an attorney who understands these cases and can help protect you and your children. This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.