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New York Court Decides Domestic Violence Case in Light of Inconsistent Testimony by Accuser


Marriages are meant to last forever except when it is marred by domestic violence, like what happened to a couple who was married 31 years.

The parties, both Jews, were married in August 1973. On the date of their marriage, the husband was 22 years old and a college graduate while the wife was 18 and a high school graduate. During the course of the marriage, four children were born to the parties.

The wife filed a divorce case against her husband on the ground of domestic violence. Sources said the husband was violent, unable to control his anger with outbursts of range, sometimes culminating in incidents of domestic violence directed towards his wife. Testimony said the husband also verbally abuses his wife by repeatedly calling her crazy. The husband denied allegations of his abusive behavior. He pointed out that his wife exhibited inappropriate behavior on a frequent basis and engaged in both pre-trial litigation and trial tactics, which prolonged and delayed the litigation, and added greatly to the cost.

It was observed that the wife’s testimony was inconsistent, lacked credibility and was clearly exaggerated so that the court had to question her credibility as to her claims of domestic violence against her husband. The wife said that their 31-year marriage was spotted with incidents of domestic violence, which included punching, raping, kicking, slapping and twisting her neck so hard so as to sustain a herniated disc, a broken wrist, slamming car doors by the husband and pushing at the marital residence.

Although the wife provoked the husband in committing the instances of domestic violence, there was no excuse for the husband to conduct himself in such a manner. The man was a dentist, well-educated, and financially well-off, that there is no need for him to act in rage against his wife and youngest daughter. Sources said the acts of domestic violence have resulted in the wife having permanent medical disability warranting lifetime maintenance but the husband does not want to provide support to the wife.

The mother did whatever was necessary to interfere with and prohibit their child from having a normal relationship with the father. The court found that the mother’s actions have risen to the level of an illness. The acts of domestic violence alleged by the wife were not things that “shock the conscience of the court,” the court said, thus, they could not be considered when dividing the couple’s marital assets.

In this case, it is better off that the mother, in her present mental state, stop speaking with the child about the father, and more importantly stop involving the child in the litigation by letting her overhear her conversations with others, or leading the child to believe that the pendente lite economic order is causing the mother great economic harm.

Being a victim of domestic violence is beyond difficult, not just for the victim, but also for the children and their loved ones. To make sure your rights are protected, there are New York Domestic Violence Attorneys who will stand by you and help see you through your case. They will argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates with its New York Family Lawyers has convenient offices throughout the New York Metropolitan area, including Corona, NY. Our Attorneys can guide you through your domestic violence cases. Our Attorneys are there to help you so you won’t spend significant amounts of money.

In addition to Family Law, Stephen Bilkis and Associates will recommend New York Assault Lawyers who will help you.

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