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New York Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for New York on
Q: What happens to my child's father if he was just arrested for domestic violence in the 3rd and is also on parole?

He admitted to the police of his actions and the police saw the victim that was harmed bad and filed a report with pictures.

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

He may be imprisoned. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for New York on
Q: Is there any way that I can bring up abuse In the court if I didn't report it? I have pictures of my bruises.

I'm married to a permanent resident I'm here using my visitors visa and my spouse keeps hitting me. Is it possible to get my green card even if we divorce?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

The answers are yes you can report him, in at least three different ways, and; as the law says now, you may still obtain permanent residency. You may file a complaint against him to do pleas as the law says now, you may still obtain permanent residency. You (or better your lawyer) may file a... View More

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New York on
Q: Greetings, I have a man odd situation, a new roommate moved in that had a cat, and so do I, I have a sphynx, we made an

Agreement that she keep her cat in her room for the first month so they can acclimate to each other's scents, and I made it clear how vulnerable my cat was because of his lack of fur, after 1 week of living here she decided all on her own to let the cats together while I was at work, her car... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You can sue for damages related to conversion of personal property and breach of contract in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: If a 16 year old is on probation for Pety larceny and just got a domestic assault charge by the state what be outcome

Its a d felony assault charge right now, I'm out on bail till tomorrow.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

That sounds like a probation violation. What does the probation order say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My boyfriends 9 yr old son hits me all of the time, can I have him arrested on DV? he also hits my 6 yr old daughter

This child has ODD/ Oppositional Defiance Disorder

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Therapy may be required rather than police intervention: he's a child. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: 20 in NY...do my parents have a say? *ORDER OF PROTECTION*

I have an order of protection against my ex. It's turned life upside down, as we have mutual friends. The defendant has court soon- and I've asked both his attorney as well as the district attorney that the order please be taken down to a LIMITED rather than a full stay away. I found out... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

You're an adult, and it's not her decision. She can try to submit evidence, and the court can give it the attention it deserves. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Is there any possible way to nullify an order of protection that is active until 2019?

The order was originally granted in March of 2016, and would be active for one year. In March of 2017, it was modified and extended until 2019. I was facing 4 counts of criminal contempt, which were later reduced to one count of disorderly conduct.

The OOP was pursued by my mother, whom I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

If the time for appeal has ended, I see no options based on these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Are there laws that pertain specifically to emotional abuse in a marital relationship?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

This may apply in alimony-based litigation. 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... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: Ex's Crimminal Attorney is head of Public Defenders Office. My custody attorney is a public defender. Conflict?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

There might be a potential conflict. It depends on the facts. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Order of protection?

If my boyfriend previously had a nonviolent order protection and he threatened me and I went to the courts and told the judge that I wanted a full stay away order because he threatened me will he go to jail if I don't want him to? He moved out and we have two children together and I don't... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

The DA makes determinations of whether to bring criminal charges or not, and they may subpoena you as a witness. 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,... View More

1 Answer | Asked in Family Law, Domestic Violence, Criminal Law and Personal Injury for New York on
Q: At what age can I marry in ny and can I sue someone over the age of 18 for threatening me cause I'm 15.

My girlfriend and me were dating but. Then her dad found out so he said he was gonna kick my *** and then he decided if I want to date hus daughter I need to convert religion until I'm 18 then I'm free. Cps was called and took her away for a day but sent her back after there was no sighs... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 24, 2017

Sex with a minor is illegal. Marriage with a minor requires parental and court approval. 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,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: How many times until it's considered DV ?
Ali Shahrestani,
Ali Shahrestani,
answered on May 11, 2017

Once. 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,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What if my significant other and I get into a verbal disagreement and he/she becomes physically abusive and won't leave?
Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

You can call the police, and you can file for a restraining order. 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... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for New York on
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... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 26, 2017

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...
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1 Answer | Asked in Domestic Violence for New York on
Q: Can a 10 year old child press charges on a 50+ year old man if said child feels threatened or abused in ny
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 21, 2017

What type of abuse? Crimes can be reported to the police. Child abuse/ neglect can be reported to CPS and to the police. The child's parent can bring related civil action, if there is a legal/ factual basis. More details are necessary to provide a professional analysis of your issue. The best... View More

1 Answer | Asked in Domestic Violence for New York on
Q: If I call the cops on the couple below me - will they take their kids away? There is definitely abuse going on.
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 20, 2017

You should report abuse/ negligence to CPS and the police for investigation. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: I have a question about the process of filing a petition to either vacate or modify an order of protection.

If I was granted an order of protection 3/29 and the respondent cannot make it to the 4/25 court date, is it true that there would likely be a warrant issued for their arrest, or does such a thing only apply when there are also criminal charges? It is also to my understanding that generally... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

Is this a civil or criminal DV matter? That makes all the difference here. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: If you have order protection and some made complaint aginst you but they didnt press charges how can the police can
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

Individuals don't "press charges", they only report crimes. Police investigate crimes. Only the District Attorney can bring criminal charges or not. They can subpoena witnesses such as the alleged victim to testify, even if they don't want to testify. More details are necessary... View More

2 Answers | Asked in Domestic Violence, Family Law, Libel & Slander and Personal Injury for New York on
Q: Can I sue a former Romantic Partner for Emotional Abuse, Physical Abuse, Negligence in New York?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 21, 2017

YES, so long as this happened fairly recently in the past, which it did, and there are difference statutes of limitations for many of the torts (civil crimes basically) she committed against you. For example, assault and/or battery must be brought within ONE year, while you have THREE years to... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: How can I get all the order of protections against me modified/removed and what type of hearing is required?

My case started back in October, when my wife and the stepmother of my children abused my kids and then claimed herself the victim in the incident and blamed everything on me. I have 3 children, 2 daughters that currently live with me and a 1 year old son that lives with my wife. There is a order... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 16, 2017

This is a very difficult issue that comes up often in criminal/family practice. The reason behind this is that, at least in New York, once a complaint is made, it is up to the district attorney and not your wife to continue to prostitute/keep the order.

As a result of the above, I...
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