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New York Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for New York on
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?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

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... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: Hi, In a OOP hearing, can I use court documents that detail my ex' extensive DV history? He abandoned home leaving all

He left the night of incident, when told to calm down; never communicated just sent letter and harassed me with lawyer to move from cosigned lease. DIR filed and petition for OOP completed. Ex parte will go but in hearing can I use these? His ex wife documented for court more than 20 instances... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can use them to impeach his testimony if he denies having a history of abuse upon being asked that question, otherwise they may be considered irrelevant and/or unfairly prejudicial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Domestic Violence and Immigration Law for New York on
Q: LPR 8 yrs now, I had a DV case dismissed, with a 2 year restraining order against, Can i put in my citizenship now?

I was never convicted. The case was dropped. I had GMC ever since i became an LPR. Will a disposition letter help? How long should i wait if ever? And can i sponsor my wife a green card?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2017

To make a precise determination of what can be done for you, an in person consultation is necessary. If you had a DV case dismissed, but had a 2 year restraining order against you, that means you had Civil Restraints against you, so that is not a dismissal, but it means instead of a Final... View More

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I get a temporary order of protection for my daughters modified against me?

It has been more than 4 months since my case started.I have never had a case with ACS.I am being accused of something I didn't do and have evidence and witnesses with hospital records.The person who accused me is the step-mother of my daughters.She abused them and me and is now away,claiming... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

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... View More

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1 Answer | Asked in Domestic Violence for New York on
Q: Can minor children testify as a witness to one spouse's physical abuse of another?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

Yes, but the weight such evidence is given will clearly depend on the age/ maturity of the child, the details provided, the believability of the witness, etc. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for New York on
Q: What are some ways to prove rape in a situation where you're a married couple?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

Your own testimony as well as any witness testimony, hospital records, text messages or other communications, and/or any audio-video recordings may be helpful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for New York on
Q: My ex has a restraining order out on me - am I able to talk about her on Facebook?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on the specific wording of the order. It's important not to harass, try to contact via 3rd parties a protected party, otherwise defame, or tortiously or criminally victimize. 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 Domestic Violence for New York on
Q: I have a 1year order protection and he need to support me too and he dont followed order what can i do??
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

If the defendant is in contempt of court orders, you can file a motion for contempt in the same matter that issued the restraining order and support order. 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

3 Answers | Asked in Divorce, Collections and Domestic Violence for New York on
Q: Divorce states my ex takes ownership of vehicle but im getting creditor coming after me

My ex is on purpose not paying the truck note and ruining my credit. Refuses to refinance. What can i do?

Christine Moccia
Christine Moccia
answered on Jan 8, 2017

This will depend on what the terms of your judgment of divorce and your separation agreement say about existing loans. You should try to pay off all joint debt prior to settling. It doesn't sound like this was done. Review the terms of your divorce. If your Ex is not complying with regard to... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: What are the chances of getting charges dismissed if I exaggerated incident and will not cooperate with DA?

My boyfriend and I were in an argument that caused me to call my mom who has mental health anxiety problems. I also have anxiety problems and she told me to call the police. In my extremely anxious state I exaggerated the situation on the 911 call and then the police added charges that never... View More

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

Yes, depending on what county (and as per the CPL of NYS you can definitely get the order modified so that the two of you can be together). Your boyfriend's attorney should also move to suppress the statement as you were not sound of mind (PLUS, IF THE POLICE WROTE IT OUT AND YOU JUST SIGNED... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Can someone on parole go to jail if someone files a domestic violence case on them
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jan 11, 2017

Yes. Anyone can go to jail if they commit domestic violence (although DV is not in and of itself a crime in NYS), but someone on parole, especially if the underlying offense was a violent one, is much more likely to go to jail/prison.

As an aside, the terms "jail" and...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: If my ex is on parole and i file a domestic violence on him what will happen?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 28, 2016

If the report alleges criminal charges then he would likely be arrested on the new charges. It's also possible that his parole could be revoked.

1 Answer | Asked in Domestic Violence for New York on
Q: How do you get rid of a 30 day order protection and drop charges

On someone that I filed I dot. Want it to go through anymore

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

You may be able to file a related motion, but it really depends on the facts of the case. If you brought evidence seeking the order, you presumably did so under penalty of perjury. Careful that you do not perjure yourself. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My now 15 year old daughter has physically assaulted me 7x, why can't she be arrested?

For 4 years she's been in therapy because she chats and shares naked videos with multiple men over the age of 20. She's been on PINS Diversion with zero consequences and she's getting more violent towards me since she is not allowed online or on the phone. she steals internet devices... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

You can report her actions to the police for investigation, if you want. 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,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can a person be arrested for a warrant from another state. Ex: warrant issued in NYC person resides in NC?

My ex has an arrrest warrant in NYC for a domestic dispute. He now resides in NC, can he still be arrested in NC for that warrant?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Extradition is a possibility. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: What will happen to the person if I report domestic abuse ?

The verbal , mental and physical abuse is worse every time . Will he arrested, or sent to anger management??

What will happen to me

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Domestic abuse is a crime: typically a misdemeanor, but possibly a felony depending on the severity of the abuse. As a victim, you can request a restraining order as well. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my... View More

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2016

You need to file an order to show cause ASAP. Court is closed today. Go Monday morning when it opens.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for New York on
Q: Falsely accused of domestic violence, what to do to terminate lease since was forced to leave the premises.

No longer at the premises and was served with order of protection, although intentions were only to protect self from being physical abused and law enforcement was called.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

A lawyer should review the restraining order case and your lease to advise you. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: My boyfriend had an order of protection on him from his ex girlfriend, can she contact me knowing were together

The day after he was arrested she sent me a friends request on social network, making a mockery of this situation, then told her son I threatened her.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

If there is no restraining order preventing her from contacting you, I don't see a problem. Based on your facts, I don't see a case for harassment either, at present. But if you did not threaten her, there may be a case for defamation, though damages may be hard to prove. The best first... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: is there such a thing as a non-expiring protection order in nyc
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 21, 2016

No, Orders last for a period of years. Following a conviction or a guilty plea, an Order of Protection will last increasing amount of years for a family ACD, violation, misdemeanor and felony.

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