New York Domestic Violence Questions & Answers
Q: How can I get domestic violence charges dropped
Michael Arbeit's answer
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.
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.
Q: Victim wants to drop a legal case on me and i currently have warrant due to her false statement from mental health.
Kristen Epifania's answer
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 the District Attorney’s office that will negotiate with your attorney to resolve the case. Either way, you need to speak with an attorney because an arrest warrant means you are wanted by...
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 the District Attorney’s office that will negotiate with your attorney to resolve the case. Either way, you need to speak with an attorney because an arrest warrant means you are wanted by...
Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.
Kristen Epifania's answer
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.
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.
Q: What are the laws against verbal abuse - can I still call the cops?
Kristen Epifania's answer
You can potentially call the cops if it rises to the level of harassment or threats.
You can potentially call the cops if it rises to the level of harassment or threats.
Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it
2 Answers
| Asked
in
Domestic Violence, Juvenile Law and Criminal Law
for
New York
on
Answered on Dec 1, 2018
Answered on Dec 1, 2018
Nina Mironenko's answer
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?
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?
Q: Does emotional abuse count as "domestic violence" in New York?
Kristen Epifania's answer
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.
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.
Q: Domestic violence stranglation charge
Kristen Epifania's answer
Yes, this can certainly help your case. Save the messages and show them to your attorney.
Yes, this can certainly help your case. Save the messages and show them to your attorney.
Q: What are the next steps after my husband is arrested (against my wishes) for a DV misdemeanor (taking my cell phone)?
Kristen Epifania's answer
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. While this may not make the DA's office dismiss the case outright, it certainly weakens their case if you do not cooperate.
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. While this may not make the DA's office dismiss the case outright, it certainly weakens their case if you do not cooperate.
Q: Can I get more time from family court, to amend my original filing, after defendant filed a response?
Nina Mironenko's answer
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.
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.
Q: Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused
2 Answers
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
New York
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Michael D. Litman's answer
You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.
You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.
Q: I left an abusive relationship and the father has been witholding my children from me. Can I get them back
Nina Mironenko's answer
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.
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.
Q: How do I drop a 1 year permanent restraining order? What are the chances the judge will drop or modify this order?
Nina Mironenko's answer
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.
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.
Q: My neighbor walked into my house uninvited and beat up my brother and left the property. Why wasn't he arrested?
Aubrey Claudius Galloway's answer
There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the Office of the District Attorney. I have found in these situations, that unless an arrest is made at the scene, the best way to go forward with pressing charges at this point is for you or your...
There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the Office of the District Attorney. I have found in these situations, that unless an arrest is made at the scene, the best way to go forward with pressing charges at this point is for you or your...
Q: What are the obligations of the husband, who is the sole provider? What are my rights as a wife of U.S. citizen?
2 Answers
| Asked
in
Divorce, Family Law, Immigration Law and Domestic Violence
for
New York
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Carl Shusterman's answer
You are in a tough position since your husband refuses to sponsor you for a green card. Schedule a consultation with an immigration attorney to discuss your situation.
You are in a tough position since your husband refuses to sponsor you for a green card. Schedule a consultation with an immigration attorney to discuss your situation.
Q: VAWA cases that consist of mainly emotional abuse?
Leonard R. Boyer's answer
The key to winning your case is being able to prove you were a victim and have the medical records to do so. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some...
The key to winning your case is being able to prove you were a victim and have the medical records to do so. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some...
Q: Hi, my bf is russian and on OPT STEM since 1/2018. He hit me several times. If I call police, would that cancel his OPT?
Carl Shusterman's answer
Not necessarily, but if he is convicted of domestic violence, he could be deported.
Not necessarily, but if he is convicted of domestic violence, he could be deported.
Q: What does a third DVI court date mean?
Aubrey Claudius Galloway's answer
It is, in all likelihood, and for something called all purposes (AP) hearing. Time between all purpose hearings is generally used by the defense counsel to work out our began working out at potential plea deal. Your lawyer should be speaking to the district attorney and communicating back to you the sum and substance of their conversation. I am a criminal lawyer and I offer free consultations, so if you would like a “second opinion “feel free to call me at 914-912-1555. Aubrey C. Galloway...
It is, in all likelihood, and for something called all purposes (AP) hearing. Time between all purpose hearings is generally used by the defense counsel to work out our began working out at potential plea deal. Your lawyer should be speaking to the district attorney and communicating back to you the sum and substance of their conversation. I am a criminal lawyer and I offer free consultations, so if you would like a “second opinion “feel free to call me at 914-912-1555. Aubrey C. Galloway...
Q: In what state can I start to apply for VAWA if I live with my husband in NJ but he is abusive and I want to move to NY ?
Hector E. Quiroga's answer
Doesn’t matter. All VAWA applications are processed out of the same office.
Doesn’t matter. All VAWA applications are processed out of the same office.
Q: Legal protection from mentally ill family member that makes false accusations/charges
1 Answer
| Asked
in
Criminal Law, Family Law, Domestic Violence and Libel & Slander
for
New York
on
Answered on Mar 24, 2018
Answered on Mar 24, 2018
Gary Lane's answer
Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this behavior. My thinking is, that you can deal with the hospital, informally; by letter; or even with legal action. I am located in Schenectady County.
Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this behavior. My thinking is, that you can deal with the hospital, informally; by letter; or even with legal action. I am located in Schenectady County.
Q: can I file for child support without filing for divorce in New York?
1 Answer
| Asked
in
Child Support, Divorce and Domestic Violence
for
New York
on
Answered on Mar 5, 2018
Answered on Mar 5, 2018
Christine Moccia's answer
Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child support and maybe an order of protection for yourself.
Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child support and maybe an order of protection for yourself.
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