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New York Domestic Violence Questions & Answers
1 Answer | Asked in Contracts, Collections and Domestic Violence for New York on
Q: My son had me sign a paper to install a security system in the house, he left and took the system and now im responsible

he left for personal reasons and now I'm being charged for the equipment he took. The contract has mine and his signature

Michael David Siegel
Michael David Siegel
answered on Jan 22, 2018

As between you and the company, you owe it. You can sue your son for contribution.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I drop charges and still keep an order of protection?

The police report was missing information

Benjamin Ostrer
Benjamin Ostrer
answered on Dec 31, 2017

The District Attorney can require an order of protection even where a matter is adjourned in contemplation of dismissal ("ACD").

1 Answer | Asked in Criminal Law, Domestic Violence and DUI / DWI for New York on
Q: was on probation for a dwi got arrested for a domestic criminal mistif in 4th degree so that violated my probation
Michael D. Litman
Michael D. Litman
answered on Nov 16, 2017

Any new arrest can violate probation, regardless of the outcome of the case.

1 Answer | Asked in Domestic Violence for New York on
Q: How do I get and order of protection reduced to a reframe from order?

My husband was arrest for domestic violence against me. His bail hearing is today. I want the order if protection reduced to a reframe from order.

Lee A. Koch
Lee A. Koch
answered on Nov 6, 2017

Speak to his attorney or the DA.

1 Answer | Asked in Domestic Violence for New York on
Q: My boyfriend hit me and the police were called by my neighbors. I did not allow them to arrest him but he was charged

with some form of DV that I cannot remember. Will this show up on his criminal record or not?

Lee A. Koch
Lee A. Koch
answered on Nov 2, 2017

It will show up as a pending case, and if he is convicted, it will show up on his record. Hire him a lawyer now. They may not need you to press charges if the neighbors were witnesses.

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... View 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... View More

Barry E. Janay
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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.... View 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!... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View 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... View 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,
Ali Shahrestani,
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... View 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... View 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,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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,... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View More

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