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New York Domestic Violence Questions & Answers
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...
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1 Answer | Asked in Domestic Violence for New York on
Q: Can a 10 year old child press charges on a 50+ year old man if said child feels threatened or abused in ny
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 21, 2017

What type of abuse? Crimes can be reported to the police. Child abuse/ neglect can be reported to CPS and to the police. The child's parent can bring related civil action, if there is a legal/ factual basis. More details are necessary to provide a professional analysis of your issue. The best... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: If I call the cops on the couple below me - will they take their kids away? There is definitely abuse going on.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 20, 2017

You should report abuse/ negligence to CPS and the police for investigation. 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... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: I have a question about the process of filing a petition to either vacate or modify an order of protection.

If I was granted an order of protection 3/29 and the respondent cannot make it to the 4/25 court date, is it true that there would likely be a warrant issued for their arrest, or does such a thing only apply when there are also criminal charges? It is also to my understanding that generally... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 18, 2017

Is this a civil or criminal DV matter? That makes all the difference here. 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... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: If you have order protection and some made complaint aginst you but they didnt press charges how can the police can
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 24, 2017

Individuals don't "press charges", they only report crimes. Police investigate crimes. Only the District Attorney can bring criminal charges or not. They can subpoena witnesses such as the alleged victim to testify, even if they don't want to testify. More details are necessary... Read more »

2 Answers | Asked in Domestic Violence, Family Law, Libel & Slander and Personal Injury for New York on
Q: Can I sue a former Romantic Partner for Emotional Abuse, Physical Abuse, Negligence in New York?
Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Mar 21, 2017

YES, so long as this happened fairly recently in the past, which it did, and there are difference statutes of limitations for many of the torts (civil crimes basically) she committed against you. For example, assault and/or battery must be brought within ONE year, while you have THREE years to... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: How can I get all the order of protections against me modified/removed and what type of hearing is required?

My case started back in October, when my wife and the stepmother of my children abused my kids and then claimed herself the victim in the incident and blamed everything on me. I have 3 children, 2 daughters that currently live with me and a 1 year old son that lives with my wife. There is a order... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Mar 16, 2017

This is a very difficult issue that comes up often in criminal/family practice. The reason behind this is that, at least in New York, once a complaint is made, it is up to the district attorney and not your wife to continue to prostitute/keep the order.

As a result of the above, I...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: Hi, In a OOP hearing, can I use court documents that detail my ex' extensive DV history? He abandoned home leaving all

He left the night of incident, when told to calm down; never communicated just sent letter and harassed me with lawyer to move from cosigned lease. DIR filed and petition for OOP completed. Ex parte will go but in hearing can I use these? His ex wife documented for court more than 20 instances... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 12, 2017

You can use them to impeach his testimony if he denies having a history of abuse upon being asked that question, otherwise they may be considered irrelevant and/or unfairly prejudicial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

2 Answers | Asked in Domestic Violence for New York on
Q: I need to obtain a restraining order for my ex. Not one for my kids though

My son has multiple medical special needs and we need some form of contact also, my ex will need to pick them up bc I work from home and cannot bring them to the police station nor do I want to. Is this possible to obtain? If so can I do this without a lawyer initially?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 12, 2017

You can file for a restraining order on your own and protecting only you. Forms are available on the NY courts website. 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... Read more »

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1 Answer | Asked in Domestic Violence and Immigration Law for New York on
Q: LPR 8 yrs now, I had a DV case dismissed, with a 2 year restraining order against, Can i put in my citizenship now?

I was never convicted. The case was dropped. I had GMC ever since i became an LPR. Will a disposition letter help? How long should i wait if ever? And can i sponsor my wife a green card?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 28, 2017

To make a precise determination of what can be done for you, an in person consultation is necessary. If you had a DV case dismissed, but had a 2 year restraining order against you, that means you had Civil Restraints against you, so that is not a dismissal, but it means instead of a Final... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I get a temporary order of protection for my daughters modified against me?

It has been more than 4 months since my case started.I have never had a case with ACS.I am being accused of something I didn't do and have evidence and witnesses with hospital records.The person who accused me is the step-mother of my daughters.She abused them and me and is now away,claiming... Read more »

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

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. I practice law in... Read more »

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1 Answer | Asked in Domestic Violence for New York on
Q: Can minor children testify as a witness to one spouse's physical abuse of another?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 21, 2017

Yes, but the weight such evidence is given will clearly depend on the age/ maturity of the child, the details provided, the believability of the witness, etc. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: What are some ways to prove rape in a situation where you're a married couple?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 15, 2017

Your own testimony as well as any witness testimony, hospital records, text messages or other communications, and/or any audio-video recordings may be helpful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Can a lawyer help me to communicate with my girlfriend after a wrongfull dv charge
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Not to harass or simply communicate with her but re: legal issues, yes. 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. I practice law in CA,... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: My ex has a restraining order out on me - am I able to talk about her on Facebook?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

It depends on the specific wording of the order. It's important not to harass, try to contact via 3rd parties a protected party, otherwise defame, or tortiously or criminally victimize. 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 Domestic Violence for New York on
Q: Can my ex bf sue me for harassment and get an order of protection?

Last night I found out that my boyfriend had been two-timing me with another girl. I contacted her to let her know. She was very thankful but when he found out he got very spiteful and nasty.

Since then, I sent him several txts expressing my anger. The worst things I said were that he is a... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 2, 2017

I hear no basis for such legal actions in your question. 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. I practice law in CA, NY, MA, and DC in... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I am disabled my wife is abusive to me I want her out of my home.Who do I call?

I am a disabled man with two children one is special needs my wife is abusive to all of us.She threatens to throw me out?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

You can call the police to report a crime, if applicable. You can file for a restraining order and a divorce. 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... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: 8 months ago I filed domestic violence charges against my boyfriend was arrested.

I didn't go to court the next day because I thought the charges would get dismissed. He was still given a court date but did not appear because he did not have an attorney. He wants to go down and vacate the warrant and I'd like to have the charges dropped. How do we do that?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

The DA decides whether to bring or drop charges. If you recant your allegations, you might yourself be charged with obstruction of justice or perjury. 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 Family Law, Child Custody and Domestic Violence for New York on
Q: What does an institutional conflict of history in regards to the defendant define?

Family court appointed attorney for children can no longer take a case due to an institutional conflict of history against the defendant, what does this mean?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

It depends on the facts here, but perhaps there has been a prior negative relationship between the attorney and the defendant. 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/... Read more »

1 Answer | Asked in Criminal Law, Child Support and Domestic Violence for New York on
Q: My ex boyfriend has tortured me for years. we have a 9 year old daughter together. we had an on and off relationship

I couldn't take his physical, emotional and verbal abuse every single day. he tried to kill me several times. I had him arrested twice and dropped the charges for my daughters sake. he is continually harassing me when I see him, calling me the worst names in public. I am dating someone new and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

Consult with an attorney privately re: this matter. 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. I practice law in CA, NY, MA, and DC in the... Read more »

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