How can we go about dropping case without having to go to court ? I am a single mom to my twin baby girls and cant afford to go to jail because of false accusations against me ! Victim wants to drop everything due to the fact she admitts being very mentally unstable at the time how can i get help ?
answered on Jan 3, 2019
You should have an attorney contact the detective handling the case. If there is a warrant for your arrest, an attorney can speak with the detective about the victim’s unwillingness to go forward. If a complaint is already made, you very well may have to go through with the arrest and then it is... View More
Can they bring it back up on a new charge of dv? Even thou it was dropped
answered on Jan 3, 2019
If there is a new allegation of domestic violence, then there can be a new charge as well. Your question is unclear as to what exactly the circumstances are, but you can certainly face new charges if additional allegations are raised.
answered on Dec 5, 2018
You can potentially call the cops if it rises to the level of harassment or threats.
Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?
answered on Dec 1, 2018
File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?
answered on Nov 1, 2018
Emotional abuse can be considered domestic violence. However, if you are speaking in terms of criminal charges, then the threshold is not quite the same as physical abuse.
Mother of my kids has charged me with domestic violence and strangling she has sent me a text stating she had to lie in order to move back in with her mother will this help me and will this hurt her in the long run
answered on Nov 1, 2018
Yes, this can certainly help your case. Save the messages and show them to your attorney.
Queens, NY The detective has been harassing us, sending fake wanted fliers (for grand larceny???) to his cell phone and intimidating him to turn himself in although no charges were made and no crime was committed. No violence whatsoever, the argument got heated and I told the cops he took my cell... View More
answered on Oct 24, 2018
Once your husband is assigned an attorney, you should speak to him/her to express that you do not want to go forward with the case. At this point, you have no obligation to speak with the District Attorney's Office and you are free to tell them that you do not wish to go forward with the case.... View More
I filed for protection for my daughter because of abuse.
Her mother's attorneys have filed a voluminous counter.
Two days before the day of the hearing.
Can I get an adjournment so that I can prepare an amendment to my original filing?
answered on Oct 22, 2018
Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.
answered on Oct 24, 2018
It is ultimately up to the DA's office to drop the charges. You can, however, express to the DA that you no longer want to pursue the case, and can thereafter cease speaking with them. You should also speak with your son's attorney about what you want, as he/she may be able to better use... View More
He has a lawyer, I do not. Police here told me I could take them and not return them until court. I did so and an emergency hearing was held and I now only have three days a week while he is at work I need advice on how to get my children back . I have police reports, logs of harassment And he has... View More
answered on Sep 14, 2018
Not to be trite, but you do need an attorney. You need to file a petition for custody and prove that it would be in the best interest of the children for you to have residential custody of the children.
I filed a restraining order on my fiance a couple of months ago after a heated break-up. I have never been to court before and was unsure what the proper steps were, so I ended up agreeing to 1 yr permanent restraining order. I waived my rights to counsel, which im now realizing, was a mistake.... View More
answered on Aug 15, 2018
If you received the OP (order of protection) in District Court contact the assistant district attorney.
If you received it in Family Court then contact the court and ask how to file a petition to have it dismissed.
The cops never questioned him and told me they couldn't arrest him even though their were witnesses who saw him come into my house
answered on Jun 14, 2018
There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the... View More
I got married February 2018 to U.S. citizen. Me and my daughter, (from my previous relationship) came to NY holding K1 & K2 visas last December 2017. Our visas have expired last March 2018.
And now my husband refused to:
1. setup a bank account for me, I have no regular... View More
answered on Jun 4, 2018
You are in a tough position since your husband refuses to sponsor you for a green card. Schedule a consultation with an immigration attorney to discuss your situation.
I had a short term marriage and suffered narcissistic abuse at the hands of my wife. Has anyone had any experience of winning a VAWA case like this? That are almost solely based on emotional abuse, not physical. My 6 months were horrific and like most "victims" I am still wearing the... View More
answered on May 31, 2018
The key to winning your case is being able to prove you were a victim and have the medical records to do so. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents... View More
answered on May 11, 2018
Not necessarily, but if he is convicted of domestic violence, he could be deported.
I have a open DV case. I'm the defendant I had two court dates one when I turned myself in saw the judge the next day then I was released. My second court date was called a DVI. On that date the judge stated plaintiff didn't sign any papers with the prosecution to pursue charges.... View More
answered on May 9, 2018
It is, in all likelihood, and for something called all purposes (AP) hearing. Time between all purpose hearings is generally used by the defense counsel to work out our began working out at potential plea deal. Your lawyer should be speaking to the district attorney and communicating back to you... View More
We are living in Hudson county.I did not start domestic violence case yet but I have police reports already.I want to move to NY but I don't know in what state can I start in case I will move soon.He is a greencard holder .I have no documents.
answered on Mar 27, 2018
Doesn’t matter. All VAWA applications are processed out of the same office.
We have a mentally ill family member who in the past has made false accusations to the authorities against us. She is currently confined to a NY State mental hospital, but she was able to phone in the false accusation in the past and the authorities are obliged to respond which is traumatic and... View More
answered on Mar 24, 2018
Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this... View More
I have an 18yr old son who lives with me who has an order of protection against my husband and he is not living with me. We have 2 other minor children who also live with me. He is threatening to turn off utilities, cancel health insurance and take away other things unless I force my son to... View More
answered on Mar 5, 2018
Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child... View More
[NYC] Last weekend, I got into a fight with my roommate who also happens to be my coworker. It started when he shoved me over something minor. Tensions have been building for some time but I agree that I responded poorly. I got angry and lunged at him. He retreated into his room and I knocked open... View More
answered on Feb 16, 2018
Hire either a domestic violence or criminal defense lawyer now!
I represented a retail employee whose coworker feared for their safety, had an order of protection entered with no language about the workplace, and employer had no choice but to fire the retail employee. New York state courts... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.