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New York Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: My friend was assaulted by her husband but the police didn't arrest him. What can she do to press charges?

He left marks on her throat from choking her, bruises on her leg, ear and lip from punching her, and the police let him go after they found him "sleeping", drunk in his car. She finally got them to issue a warrant for harassment after he threatened her in a message but still haven't... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 24, 2017

Go to a different police station and report the crime. It is up to the police as to whether they will pursue the case or not.

1 Answer | Asked in Domestic Violence for New York on
Q: if a 30 year old woman beats up a 16 year old kid is it child abuse or is it assault
Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

It can be both. The act itself could be an assault. Depending on the woman's relationship to the 16 year old, it could be abuse too.

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.

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1 Answer | Asked in Domestic Violence for New York on
Q: I have a dv case against my son dad i put on him may of this yr when does it expire?
Lee A. Koch
Lee A. Koch answered on Oct 4, 2017

Cases expire (finish) when they are dismissed or adjudicate. Adjudication happens when there is a plea or a trial. The case finishes when the defense and prosecution come to an agreement or one side loses at trial. If you are asking about an Order of Protection, it depends on the type of order.... Read more »

1 Answer | Asked in Family Law, Child Support and Domestic Violence for New York on
Q: Can i sue my kids father for not paying rent and college fees if he lives in my apartment and won't leave?

He refuses to leave to avoid paying support! he's Emotionally abusive and at times physically abusive. I've tried leaving but because he always pays the rent late and right and now where back three months, I've been denied other rental apartments because the apartment is in my name!... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Sep 6, 2017

You can file for a restraining order, child custody, and child support. You can also file eviction proceedings against him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more... Read more »

1 Answer | Asked in Divorce, Immigration Law and Domestic Violence for New York on
Q: My husband has a GC and I recently left him because of his mental health issues. Can he sue me for not supporting him?

He has anger issues that he refuses to address and I no longer feel safe. I left him in the apartment and my name is the only one on the lease. We have the lease on a month to month basis and I've offered to pay the rent for September and October so he can figure out if he's going to the... Read more »

Roger Carl Algase
Roger Carl Algase answered on Aug 29, 2017

This is the kind of question that requires consultation with an experienced divorce lawyer. It is not primarily an immigration question. As long as the original marriage was genuine and not entered into for immigration purposes, and as long as the green card holder has not been convicted of any... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: What happens to my child's father if he was just arrested for domestic violence in the 3rd and is also on parole?

He admitted to the police of his actions and the police saw the victim that was harmed bad and filed a report with pictures.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 22, 2017

He may be imprisoned. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for New York on
Q: Is there any way that I can bring up abuse In the court if I didn't report it? I have pictures of my bruises.

I'm married to a permanent resident I'm here using my visitors visa and my spouse keeps hitting me. Is it possible to get my green card even if we divorce?

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Aug 9, 2017

The answers are yes you can report him, in at least three different ways, and; as the law says now, you may still obtain permanent residency. You may file a complaint against him to do pleas as the law says now, you may still obtain permanent residency. You (or better your lawyer) may file a... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My boyfriends 9 yr old son hits me all of the time, can I have him arrested on DV? he also hits my 6 yr old daughter

This child has ODD/ Oppositional Defiance Disorder

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

Therapy may be required rather than police intervention: he's a child. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: If a 16 year old is on probation for Pety larceny and just got a domestic assault charge by the state what be outcome

Its a d felony assault charge right now, I'm out on bail till tomorrow.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

That sounds like a probation violation. What does the probation order say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New York on
Q: Greetings, I have a man odd situation, a new roommate moved in that had a cat, and so do I, I have a sphynx, we made an

Agreement that she keep her cat in her room for the first month so they can acclimate to each other's scents, and I made it clear how vulnerable my cat was because of his lack of fur, after 1 week of living here she decided all on her own to let the cats together while I was at work, her car... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

You can sue for damages related to conversion of personal property and breach of contract in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Is there any possible way to nullify an order of protection that is active until 2019?

The order was originally granted in March of 2016, and would be active for one year. In March of 2017, it was modified and extended until 2019. I was facing 4 counts of criminal contempt, which were later reduced to one count of disorderly conduct.

The OOP was pursued by my mother, whom I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

If the time for appeal has ended, I see no options based on these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: 20 in NY...do my parents have a say? *ORDER OF PROTECTION*

I have an order of protection against my ex. It's turned life upside down, as we have mutual friends. The defendant has court soon- and I've asked both his attorney as well as the district attorney that the order please be taken down to a LIMITED rather than a full stay away. I found out... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

You're an adult, and it's not her decision. She can try to submit evidence, and the court can give it the attention it deserves. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Are there laws that pertain specifically to emotional abuse in a marital relationship?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 21, 2017

This may apply in alimony-based litigation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: Ex's Crimminal Attorney is head of Public Defenders Office. My custody attorney is a public defender. Conflict?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 5, 2017

There might be a potential conflict. It depends on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Order of protection?

If my boyfriend previously had a nonviolent order protection and he threatened me and I went to the courts and told the judge that I wanted a full stay away order because he threatened me will he go to jail if I don't want him to? He moved out and we have two children together and I don't... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 27, 2017

The DA makes determinations of whether to bring criminal charges or not, and they may subpoena you as a witness. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Family Law, Domestic Violence, Criminal Law and Personal Injury for New York on
Q: At what age can I marry in ny and can I sue someone over the age of 18 for threatening me cause I'm 15.

My girlfriend and me were dating but. Then her dad found out so he said he was gonna kick my *** and then he decided if I want to date hus daughter I need to convert religion until I'm 18 then I'm free. Cps was called and took her away for a day but sent her back after there was no sighs... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 24, 2017

Sex with a minor is illegal. Marriage with a minor requires parental and court approval. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: How many times until it's considered DV ?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 11, 2017

Once. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What if my significant other and I get into a verbal disagreement and he/she becomes physically abusive and won't leave?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 9, 2017

You can call the police, and you can file for a restraining order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for New York on
Q: How can I fight against a false report of DV,when my wife and stepmother of my kids claimed herself victim

My case started in the end of October 2016.The case is in the criminal court of queens county.The stepmother of my children and my wife abused my kids and blamed everything on me, falsely claiming herself the victim.My children and myself were the ones that actually got hurt.My 2 daughters, one is... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 26, 2017

You can certainly sue for custody and visitation rights, and you can challenge the DV allegations with evidence and witness testimony.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best...
Read more »

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