Springfield Gardens, NY asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for New York

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 now 18 years and the other who is 13 are my witnesses to what actually occurred.My wife has a order of protection against me, she is living away with my toddler son.My daughter who is 18 also has a order of protection against her stepmother and currently my both daughters are living with me.I have also done some batterers classes and therapy that my lawyer from family court had recommended for me to do. I have hospital reports and pictures of the injuries.I need a lawyer who can represent me and bring the truth out of what actually happened and show the court how my wife is taking advantage of stereotypical thinking to make herself the victim when me and my daughters were the ones hurt.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: 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 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, www.AEesq.com. 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.