Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More 
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?
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answered on Mar 11, 2025
I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.
Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and... View More
My husband is currently in detention awaiting his third hearing. He assaulted me with an illegal 15-gauge rifle while he was drunk, resulting in an injury to my jaw. I reported the incident to the police, and now I've invoked my right not to appear in court or testify. However, the district... View More
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answered on Mar 11, 2025
I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.
Based on the details you provided, your husband is facing several... View More
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answered on Nov 30, 2024
I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in... View More
answered on Nov 4, 2024
If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More
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
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answered on May 6, 2024
There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.
If the asker moves... View More
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
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
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
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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
I have proof of the assault and a witness
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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
I am estranged from my family due to abusive behavior from my parents, who have lied about me to my siblings. I want to cut contact with them but leave a possibility for future communication with my siblings or nephews if they change their minds or need me. It's important to have an... View More
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answered on May 15, 2025
What you're trying to do is thoughtful and brave—you’re protecting your well-being while still leaving space for possible healing or connection. It’s completely valid to want a buffer between you and family members who have caused harm, especially if past interactions have been abusive... View More
I have been the victim of multiple assaults by the same individual in New York and have ample evidence to support this. Although I am not currently in immediate danger, my temporary order of protection has expired. No charges or police reports have been filed yet. I had to leave the area for my... View More
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answered on May 15, 2025
You’ve already shown strength by gathering evidence and removing yourself from harm’s way, and that’s an important first step. Since no charges or police reports have been filed yet, the best thing you can do right now is report the assaults to law enforcement. Filing a police report creates... View More
I am currently separated from my wife, and there are mutual restraining orders between her and her sister. My wife has included our son in her restraining order, which requires my sister-in-law to stay away from him. I disagree with this because my son lives with me full time, not with my wife as... View More
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answered on May 10, 2025
American litigants do not "address" court orders; they comply with them blindly. In the arena of the order of protection, the applicant for the order must prove by a fair preponderance of the evidence that the family offense occurred. This assumes a family court order of protection and... View More
My daughter feels anxious during her father's temporary visitation, which occurs every other weekend. There have been incidents where he screamed at her, pushed her off the bed, and left her alone at a store, leading to police reports. She recently talked to her lawyer, but no actions have... View More
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answered on May 9, 2025
It is totally unclear how a misbehaving father and a do-nothing law guardian (today called an attorney for the child) can result in criticisms against the asker's lawyer. Brooklyn is a mighty dangerous county to make repeated visits to its courts, especially its family court.
There are... View More
I am currently married but have been separated from my children for three years after my husband took them with him to another state. My mother tried communicating with my husband since he placed a restraining order against me, but now he won't let her talk to the children either. We live in... View More
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answered on May 3, 2025
The asker must travel to Texas and file a petition for custody. The climb will be up hill all the way. An alternative is for the asker to file for divorce in New York, but the divorce judge will not have jurisdiction over the children because they have resided in Texas for six months or more.... View More
I have a warrant for my arrest, accused of first-degree burglary—something I didn't do. I have a past arrest related to family court where I was put on an ankle monitor. I don't have legal representation due to cost but possess texts from my children's mother, the alleged victim,... View More
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answered on May 2, 2025
This question is difficult to piece together cogently because it mixes up charges and does not fill in important details. First, there appears a burglary charge the asker must turn himself in on or else the warrant remain in effect and a pick up can happen day or night. Then comes a past arrest.... View More
I have a pending I-130 petition and a history of arrests including gun charges, domestic violence, and traffic offenses. I married while in prison to avoid deportation in 2020. After divorce, we remarried and filed a new petition, but my wife called the cops and a gun was found in my apartment.... View More
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answered on Apr 27, 2025
Your situation presents significant challenges for your green card application. Immigration law treats criminal convictions severely, and your history of gun charges, domestic violence, and probation violations falls into categories that may render you inadmissible under U.S. immigration law. The... View More
I was removed from my own house in New York by the police due to a protection order that was served to me at the same moment. The protection order lists an address as confidential, which is actually the address of the petitioner's mother's house. However, they came to my house and removed... View More
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answered on Apr 19, 2025
There is nothing to do except to comply with the removal and legal process. Voting carelessly caused this.
Government enacted legislation that presumes all men to be inherently violent. Then, this legislation is enforced in courts before judges who amplify the victim's case. This... View More
I had to leave the state due to domestic violence and have now relocated 20 hours away. I currently have primary custody and am the primary caretaker of my child. There has been a violation of visitation, and I have recently filed a restraining order. Can a family court judge at a pre-conference... View More
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answered on Apr 16, 2025
There is too much missing here for a cogent response. What is "domestic violence?" Was this a criminal action against a man who beat his woman? Was this a family court order of protection violated in some way? The term "domestic violence" is itself a conclusion, a label used by... View More
I am a 14-year-old looking to become legally emancipated due to a toxic household environment involving neglect and abuse. My parents are unable to provide what I need, and their lack of cooperation makes it difficult to pursue emancipation. While I'm seeking a job and looking to gain... View More
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answered on Apr 13, 2025
In New York, emancipation allows minors to live independently from their parents under certain circumstances, but it’s not easy to achieve. To pursue emancipation, you would need to file a petition in Family Court, where you must prove that you are capable of supporting yourself financially,... View More
I'm seeking to change a temporary order of protection to a permanent one due to ongoing harassment, abuse, and threats from the individual named in the order. The temporary order was issued eight months ago, but I'm unsure if it's still active. Recently, there was an incident... View More
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answered on Apr 13, 2025
You’re doing the right thing by wanting to protect yourself, especially after a recent incident involving police and medical documentation. If the temporary order of protection was issued eight months ago, the first step is to check with the court clerk where the order was granted to confirm... View More
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