Providing the Most Competent and Comprehensive Services to Families Experiencing Domestic Violence

In recent months the issues surrounding men, women, and children living in Domestic Violence situations have gained national attention. Images of professional athletes committing acts of violence against their intimate partners have permeated the media and raised awareness of the existence of this blight on our society. In response, the nation has rallied in support of the victimized, and are now encouraged to become survivors. Brian A. Picarello & Associates, P.C., is committed to protecting the rights of the abused. Through partnerships and collaborative efforts with local Domestic Violence Agencies and law enforcement,  Brian A. Picarello & Associates, P.C., provides our clients with unparalleled access to resources and information to allow for the safe transition into a life free from fear, power, and control. Once you decide that enough is enough and you are in a safe location, call Brian A. Picarello & Associates, P.C. at 631-392-4949.

Information for victims of Domestic Violence

Brian A. Picarello, Esq. has dedicated hundreds of hours of his time as a pro bono attorney for the Safe Center, a comprehensive agency serving the residents of Nassau County who have been affected by Domestic Violence. Mr. Picarello has been recognized and honored by the Safe Center each year since 2013 for his work and dedication to families impacted by domestic abuse. If you or someone you know is in an abusive intimate or familial relationship call The Safe Center at (516) 465-4700

LaToya R.A. James, Esq. serves as the consulting Attorney to Long Island Against Violence (LIADV). Miss James’ coordination with LIADV enables us here at Brian A. Picarello & Associates, P.C. to help victims navigate the legal aspects of their transition to being a proud survivor. This alliance has given us the opportunity to combine our love of the law with our desire to help families impacted by Domestic Violence. If you or someone you know is in an abusive intimate or familial relationship call the LIADV 24 Hour Hotline at (631) 666-8833.

For NYC Residents call Safe Horizon at (800) 621-4673.
For emergency assistance call 911

Domestic Violence is a factor in equitable distribution

Effective May 3, 2020, and applicable to actions commenced on or after that date, domestic violence is now a specifically enumerated factor in equitable distribution, with the addition of new DRL §236(B)(5)(d)(14), which requires a Court to consider:

“(14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts”  

Laws of 2020 Ch.55, Part PP (S.7505b/A.9505b), signed April 3, 2020

It is worth noting that the above equitable distribution factor is not the same as the temporary or post-divorce maintenance factor which references domestic violence, DRL §236(B)(5-a)(h)(1)(g) and DRL §236(B)(6)(e)(1)(g), respectively, which requires a Court to consider:

“(g) acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law”

DRL §236(B)(5-a)(h)(1)(g)