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New York Domestic Violence Questions & Answers
0 Answers | Asked in Contracts, Collections and Domestic Violence for New York on
Q: I AM LOOKING FOR SERVICES TO HELP ME WITH A ORDER I AGREED TO PAYING AND THEY STOPPED TAKING MONEY. NOW EX WANTS CONTEMP

long story short, I was divorced from my ex husband since 2019. When we were married we bought a vehicle together. After fighting with him for over 2 years to sign the divorce papers his only wish was for me to take over the payment. Then Covid hit. I was served papers saying FORD was suing me and... View More

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: Can I move my children from NY to RI when there is no custody or visitation in place?

I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 1, 2024

You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More

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2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: Okay so before you judge just hear me out . So my child’s father shot at my friends door trying to get at me .

We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 24, 2023

This should be posted in the criminal law section. However, the order of protection plays a very small part of the case.

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1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My daughter is on the deed but not the mortgage on a home she lives in with her fiance. Can he kick her out?

Things are contentious. He has a history of gaslighting, verbal and mental abuse, and making threats to kick her out of the house even though she's on the deed. She was working as his office manager, and he fired her and canceled her health insurance. She has no income (starts a new job on... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 8, 2023

Who is on the mortgage is irrelevant. The deed shows ownership. She has as much a right to live there as he does. If he is harassing her and making her feel unsafe, she can file for an order of protection from the family court. Have her contact a lawyer to discuss her rights.

Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

1 Answer | Asked in Domestic Violence and Criminal Law for New York on
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?

I have proof of the assault and a witness

James L. Arrasmith
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answered on Nov 23, 2023

In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair

I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?

James L. Arrasmith
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answered on Nov 4, 2023

In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I’ve slapped my bf before. He has evidence. Then he attacked me twice very brutal attacks. Who gets into trouble?

I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?

James L. Arrasmith
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answered on Nov 4, 2023

Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's... View More

1 Answer | Asked in Child Custody and Domestic Violence for New York on
Q: I have a daughter abroad which i need custody. The mother has physically abused. I have proof and everything needed.

She lives in Dominican Republic and acquired us citizenship through me. I reside NYC. She lives with her mother. She has tried to kill me and has hurt me in various places. Such as stabs, broken nose, broken lip with stitches and broken head with a bottle. She says she doesnt care if she kills me.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 20, 2023

Not sure what you mean by abroad. Does the child live with the mother in another country? What is the New York connection?

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: The abuse waiver is specifically for abuse taking place while living together, and before filing divorce, right?

Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.

After we filed and I threw her out of my place, texted her harsh text messages,... View More

James L. Arrasmith
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answered on Sep 3, 2023

The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for New York on
Q: how likely will a supreme court- new york judge recuse himself?

judge has presided over family case for over a year and in post judgement action, which involves a mentally ill defendant the judge recently denied a motion filed by defendant, the defendant then filed a motion for the judge to recuse from further matters in the case claiming bias and an appearance... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 31, 2023

This is not a case where the judge is likely to recuse himself or herself. This sounds like an instance where one of the parties is about to become designated a vexatious litigant.

2 Answers | Asked in Divorce and Domestic Violence for New York on
Q: How does a divorce work in NY when intimate partner violence is occurring? Questions below.

I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 8, 2023

Your friend needs to file for an Order of Protection in Family Court. Have your friend contact an attorney.

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1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for New York on
Q: What is the harshest punishment someone can get in NYS for willful non payment of child support?

If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.

Without getting into the utterly incompetent...
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1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I'm disabled and can't get to a court to file separation or divorce papers. What can I do to file
Howard E. Knispel
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Howard E. Knispel
answered on May 11, 2023

Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.

1 Answer | Asked in Landlord - Tenant and Domestic Violence for New York on
Q: You been evicted from a appointment building and I hold a order of protection can I have you arrested for entering again

I hold order ov protection against you

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 2, 2023

You should inquire about your right to call the police from a Pennsylvania-licensed lawyer if you live in Philadelphia.

1 Answer | Asked in Criminal Law, Family Law, Banking and Domestic Violence for New York on
Q: My spouse withdrew 11grand out of joint account, without me knowing now and won't say what did with it? Legal or what

He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 28, 2023

"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.

2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... View More

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for New York on
Q: Family court judge left us homeless due to charges I pressed and other party retailate with a false OOP. Needing help

I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.

1 Answer | Asked in Child Custody, Domestic Violence and Libel & Slander for New York on
Q: Custody against an Abuser

I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 6, 2023

You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.

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