Staten Island, NY asked in Domestic Violence for New York

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?

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2 Lawyer Answers
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: 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 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 law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: Yes. The Family Court is the correct venue for this under your circumstances; you do not need to bring a criminal action to get your project Devorah in the score.

You, or your attorney which I highly suggest you hire one, must draft something called a "family offense petition" briefly outlining what happened… You and the offender will be given a court date for a preliminary conference.

At the very least, there is an 85% to 90% chance that a temporary order will be issued at the very first conference, without the criminal justice system becoming involved.

Let me know if you need any further advice on this through this forum.

Aubrey C. Galloway III, Esq

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