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New York Domestic Violence Questions & Answers
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 »

1 Answer | Asked in Domestic Violence for New York on
Q: How should i handle this situation?

My ex boyfriend has been found guilty of strangulation resulting in wounding or bodily injury and abduct by force without justification this happened in virginia state but now i'm back in newyork state and his sister is also from newyork state and she has been sending threatening messages... Read more »

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

You can consider filing for a restraining order. 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 »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What can I do??

I've been with a man for three years. This is the third time I've gotten him arrested for domestic violence. He ran off to the south from New York to prevent the cops from locking him up, he has been reaching out to me trying to get back in a relationship with me but I was playing along... Read more »

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

You can file for a restraining order, and you can file actions in civil court re: the money you say he owes you. 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: If I put a temporary refrainment on a person for domestic violence may I go and have the charge dismissed
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 27, 2017

He may appeal the decision if he does so in a timely manner and if you retract your allegations. If you do so, you may face perjury charges. 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: Can you use your partners left behind court papers to prove past acts of domestic violence for your OOP?

Knowing his own past, he filed a domestic incident report after I asked him to leave until he got control (following rage,threats verbal abuse)

I am stunned and now feel I should file.

In meantime I have seen documentation and admissions from his divorce of extensive DV and MH... Read more »

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

It may be considered an invasion of privacy if you're rifling through his personal belongings. If he left the documents in plain view and you take photos of them in your own home, that is a different story. These cases can get very messy. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Can I visit my baby father in jail without either of us getting in trouble if I have a temporary order of protection ?

Have 2 month old daughter together

He's an addict that's y he was out of control not defending him.

I'm not working Bc baby but living in our appartment and have to figure out what to do about rent with him.

He Slapped me

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

If you're not prohibited by a court order from contacting/ seeing him, I see no problem. You may need to get his permission to visit him at the jail. 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: How do I get my order of protection from cops so I know what my rights are and how long it lasts?

Have 2 month old daughter together need to be in contact with him about her atleast.

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

You should have been provided a copy of any protection order by the court and the opposing party. You can get a copy from the court clerk in the court where the order was filed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: How do you get a restraining order dropped when it is against a 24 year old that was involved with a 16 year old?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 26, 2017

You can appeal the order if it is timely, i.e., immediately after it's issued by the judge. 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 Domestic Violence for New York on
Q: My boyfriend had an order of protection on him from his ex girlfriend, can she contact me knowing were together

The day after he was arrested she sent me a friends request on social network, making a mockery of this situation, then told her son I threatened her.

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

If there is no restraining order preventing her from contacting you, I don't see a problem. Based on your facts, I don't see a case for harassment either, at present. But if you did not threaten her, there may be a case for defamation, though damages may be hard to prove. The best first... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Can a person be arrested for a warrant from another state. Ex: warrant issued in NYC person resides in NC?

My ex has an arrrest warrant in NYC for a domestic dispute. He now resides in NC, can he still be arrested in NC for that warrant?

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

Extradition is a possibility. 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 following areas of... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My now 15 year old daughter has physically assaulted me 7x, why can't she be arrested?

For 4 years she's been in therapy because she chats and shares naked videos with multiple men over the age of 20. She's been on PINS Diversion with zero consequences and she's getting more violent towards me since she is not allowed online or on the phone. she steals internet devices... Read more »

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

You can report her actions to the police for investigation, if you want. 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: I have a temp order of protection (that i petitioned) What wouId happen if i didnt show up for the follow up appoint?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 24, 2017

See my answer to your identical 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 the following... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: if i dont show up to a follow up appoint with a judge for an order of protection i petitioned what happens?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 24, 2017

If you filed a motion and then ignored/ wasted the court's time, worst case scenario might include sanctions issued by the court, but I'd guess that that is rare against pro se litigants. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: When did they first issue orders of protection in spanish?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

Contact the court clerk's office to ask this 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,...
Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: My college boyfriend battered me in public 20 years ago can I do anythi,g to make him aware of his assault.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

A statute of limitations problem may be fatal to the case. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for New York on
Q: Falsely accused of domestic violence, what to do to terminate lease since was forced to leave the premises.

No longer at the premises and was served with order of protection, although intentions were only to protect self from being physical abused and law enforcement was called.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

A lawyer should review the restraining order case and your lease to advise you. 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... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: What will happen to the person if I report domestic abuse ?

The verbal , mental and physical abuse is worse every time . Will he arrested, or sent to anger management??

What will happen to me

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

Domestic abuse is a crime: typically a misdemeanor, but possibly a felony depending on the severity of the abuse. As a victim, you can request a restraining order as well. 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: I have a 1year order protection and he need to support me too and he dont followed order what can i do??
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

If the defendant is in contempt of court orders, you can file a motion for contempt in the same matter that issued the restraining order and support order. 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 »

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