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New York Domestic Violence Questions & Answers
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

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... View More

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

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

1 Answer | Asked in Domestic Violence for New York on
Q: How many times until it's considered DV ?
Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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... View 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... View More

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

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

Ali Shahrestani,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

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

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