Lawyers, Answer Questions  & Get Points Log In

New York Domestic Violence Questions & Answers

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on

Q: I was in a relationship with someone for 8 months he used me for money what can i do

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 pay me... Read more »

Michael David Siegel 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.

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

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?

Tyler Fredrickson 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 the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on

Q: No contact orders and the District Attorney

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... Read more »

Gary Kollin answered on Jul 27, 2019

These questions should be directed to his lawyer

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for New York on

Q: My husband was arrested and arraigned for a domestic dispute

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... Read more »

Lawrence Allen Weinreich answered on Jul 26, 2019

If you want him home there is a good chance that the order of protection will be modified.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on

Q: How can i file contempt on my ex husband for not letting me see my son while im in another state

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... Read more »

Charles Oliver Wolff 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 petition... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on

Q: I would like to obtain an order of protection how do i go about that?

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... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

What you can do is file for an order of protection in family court.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for New York on

Q: Help, my ex violates the custody order all the time and then when I do not agree to his demands, he calls cops?

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 and who... Read more »

Lawrence Allen Weinreich 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 order... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for New York on

Q: How can I get domestic violence charges dropped

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

Michael Arbeit 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.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for New York on

Q: Victim wants to drop a legal case on me and i currently have warrant due to her false statement from mental health.

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 ?

Kristen Epifania 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... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for New York on

Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.

Can they bring it back up on a new charge of dv? Even thou it was dropped

Kristen Epifania 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.

View More Answers

1 Answer | Asked in Domestic Violence for New York on

Q: What are the laws against verbal abuse - can I still call the cops?

Kristen Epifania answered on Dec 5, 2018

You can potentially call the cops if it rises to the level of harassment or threats.

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on

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

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?

Nina Mironenko 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?

View More Answers

1 Answer | Asked in Domestic Violence for New York on

Q: Does emotional abuse count as "domestic violence" in New York?

Kristen Epifania 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.

1 Answer | Asked in Domestic Violence for New York on

Q: Domestic violence stranglation charge

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

Kristen Epifania answered on Nov 1, 2018

Yes, this can certainly help your case. Save the messages and show them to your attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on

Q: What are the next steps after my husband is arrested (against my wishes) for a DV misdemeanor (taking my cell phone)?

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... Read more »

Kristen Epifania 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.... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on

Q: Can I get more time from family court, to amend my original filing, after defendant filed a response?

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?

Nina Mironenko 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.

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on

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

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.

Michael D. Litman answered on Sep 28, 2018

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.

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for New York on

Q: I left an abusive relationship and the father has been witholding my children from me. Can I get them back

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... Read more »

Nina Mironenko 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.

1 Answer | Asked in Family Law and Domestic Violence for New York on

Q: How do I drop a 1 year permanent restraining order? What are the chances the judge will drop or modify this order?

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.... Read more »

Nina Mironenko 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.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on

Q: My neighbor walked into my house uninvited and beat up my brother and left the property. Why wasn't he arrested?

The cops never questioned him and told me they couldn't arrest him even though their were witnesses who saw him come into my house

Aubrey Claudius Galloway answered on Jun 14, 2018

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.