Get free answers to your Domestic Violence legal questions from lawyers in your area.
My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... View More 
answered on Sep 8, 2019
Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.
He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed... View More
answered on Aug 22, 2019
The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.
In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?
answered on Aug 7, 2019
Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending... View More
My husband was arrested over a domestic dispute and is being charged with Endangering the welfare of a child and criminal obstruction of breathing. Both A class Misdemeanors. Upon his arraignment he was served a no contact order that he cannot contact me or our daughter. I contacted the assistant... View More
He was charged with two class A misdemeanors. One being criminal obstruction of breath and the other endangering the welfare of a child. Upon arraignment they put a no contact order in effect so that he can’t contact me or our daughter. I contacted the assistant district attorney in charge of the... View More
answered on Jul 26, 2019
If you want him home there is a good chance that the order of protection will be modified.
my son is 8 i had him most his life his dad was big on drugs etc i thought he had cleaned up his act but he hasnt i am not sure what to do he is barely letting me see him or talk to him and my son says he hits him... im worried scared and im in NY due to some stuff ill be moving here and want my... View More
answered on Jul 22, 2019
You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a... View More
My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... View More
answered on Jun 11, 2019
What you can do is file for an order of protection in family court.
Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father... View More
answered on May 22, 2019
If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the... View More
My boyfriend was charged with harassment 2
I spoke to DA and said I didnt want to pursue it but he said the state is involved so he won't drop charges
answered on Jan 18, 2019
Most cases can't be prosecuted without the complaining witness (you). So, if you really do not want to pursue it, do not sign the supporting deposition. If you already did that, do not show up in court or speak with the ADA again.
How can we go about dropping case without having to go to court ? I am a single mom to my twin baby girls and cant afford to go to jail because of false accusations against me ! Victim wants to drop everything due to the fact she admitts being very mentally unstable at the time how can i get help ?
answered on Jan 3, 2019
You should have an attorney contact the detective handling the case. If there is a warrant for your arrest, an attorney can speak with the detective about the victim’s unwillingness to go forward. If a complaint is already made, you very well may have to go through with the arrest and then it is... View More
Can they bring it back up on a new charge of dv? Even thou it was dropped
answered on Jan 3, 2019
If there is a new allegation of domestic violence, then there can be a new charge as well. Your question is unclear as to what exactly the circumstances are, but you can certainly face new charges if additional allegations are raised.
Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?
answered on Dec 1, 2018
File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?
answered on Dec 5, 2018
You can potentially call the cops if it rises to the level of harassment or threats.
Mother of my kids has charged me with domestic violence and strangling she has sent me a text stating she had to lie in order to move back in with her mother will this help me and will this hurt her in the long run
answered on Nov 1, 2018
Yes, this can certainly help your case. Save the messages and show them to your attorney.
I filed for protection for my daughter because of abuse.
Her mother's attorneys have filed a voluminous counter.
Two days before the day of the hearing.
Can I get an adjournment so that I can prepare an amendment to my original filing?
answered on Oct 22, 2018
Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
answered on Nov 1, 2018
Emotional abuse can be considered domestic violence. However, if you are speaking in terms of criminal charges, then the threshold is not quite the same as physical abuse.
Queens, NY The detective has been harassing us, sending fake wanted fliers (for grand larceny???) to his cell phone and intimidating him to turn himself in although no charges were made and no crime was committed. No violence whatsoever, the argument got heated and I told the cops he took my cell... View More
answered on Oct 24, 2018
Once your husband is assigned an attorney, you should speak to him/her to express that you do not want to go forward with the case. At this point, you have no obligation to speak with the District Attorney's Office and you are free to tell them that you do not wish to go forward with the case.... View More
He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.
answered on Oct 24, 2018
It is ultimately up to the DA's office to drop the charges. You can, however, express to the DA that you no longer want to pursue the case, and can thereafter cease speaking with them. You should also speak with your son's attorney about what you want, as he/she may be able to better use... View More
He has a lawyer, I do not. Police here told me I could take them and not return them until court. I did so and an emergency hearing was held and I now only have three days a week while he is at work I need advice on how to get my children back . I have police reports, logs of harassment And he has... View More
answered on Sep 14, 2018
Not to be trite, but you do need an attorney. You need to file a petition for custody and prove that it would be in the best interest of the children for you to have residential custody of the children.
I filed a restraining order on my fiance a couple of months ago after a heated break-up. I have never been to court before and was unsure what the proper steps were, so I ended up agreeing to 1 yr permanent restraining order. I waived my rights to counsel, which im now realizing, was a mistake.... View More
answered on Aug 15, 2018
If you received the OP (order of protection) in District Court contact the assistant district attorney.
If you received it in Family Court then contact the court and ask how to file a petition to have it dismissed.
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