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New York Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 22, 2021

Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I’m a young adult writing a novel that takes place in 1942. Would harboring a runaway be punishable?

This is a fictional universe of course but I haven’t found much information on the subject. To make it brief, a young girl runs away from an abusive father and winds up on a man’s doorstep who takes her in. He cares for her until months later, the abusive father gets a legal team to seize back... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 15, 2021

Under todays' laws the answer would be no however you would need to speak to someone familiar with the laws in 1942

1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I am a victim of domestic abuse for a long time and this time i want to put an end to it. I want to file a divorce

My concern is our lawyer is about to start processing my papers for green card, is it possible for me still get it even without her petition?

Theodore Alatsas
Theodore Alatsas answered on Jan 25, 2021

The Violence Against Women's Act protects non-resident aliens from deportation or denial of status when a divorce is based on domestic violence during the marriage. I have cancelled many such cases in the past.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jan 3, 2021

You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

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1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: Do I have a case

My son was left with his father while I was at work. He didn't call me from work or anything letting me know that my child was injured. He didn't even tell me as when. I got home and talked for 10 mins. I found him making a noise as I was about to enter the  bathroom and I asked his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 3, 2021

You can report this to DSS as it is a case of neglect. Beyond that, you would have to speak to someone who does personal injury law to see if you have a case beyond neglect.

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: If I take out an order of protection against my ex, who is an attorney, will he get disbarred?

I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 3, 2020

If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.

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1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New York on
Q: I was sexually abused from age 3 until 11 in N.Y. by my father. Anal penetration began at age 5.

I am looking into what my options are as far as pressing charges so more information would he helpful.

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

You can consult with local precinct or the local district attorney. Or consult a local attorney. There are civil and criminal ramifications.

Early in 2019, New York passed new legislation extending the statute of limitations for sexual abuse claims in the state. Before this legislation,...
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1 Answer | Asked in Small Claims, Civil Litigation, Domestic Violence and Landlord - Tenant for New York on
Q: My sister & I own a house and her live in boyfriend punches holes in the walls out of anger. Can I press charges?

I called the police to report domestic dispute, but she refused to file a report. I didn’t know about the holes at the time. Can I call the police back, and press destruction of property charges?

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

If the boyfriend is damaging your property, there is nothing keeping you from calling to report a crime. Law enforcement will decide whether they'll arrest, cite, or charge the individual in question.

1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I am a domestic violence survivor and looking for divorce How can I get a divorce if he lives in another state

We have 2 kids together

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2020

If you meet the residency requirements, all you have to do is start a divorce action and have him served.

2 Answers | Asked in Domestic Violence, Family Law and Civil Rights for New York on
Q: can a legal guardian deny access to the childs bedroom

not allowed in bedroom unless its night but the guardian comes to wake up at 6:30 in the morning and they arent allowed back in their bedroom all day they lock the door

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2020

The question is why are they doing that. Is there a valid reason to do that.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: If an individual is being financially abused by their spouse, is there legal action they can take against them?

The individual being financially abused is currently abusing illicit substances, does not have a job, and does not have access to their finances. The individual has children with their abuser. There is currently no physical or sexual abuse.

George E. Patsis
George E. Patsis answered on May 30, 2020

You can file a petition for spousal maintenance and child support.

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: What steps should I take when it comes to the safety of me and my children from my husband who has made home unbearable?

I recently had to call the police on my husband for pushing me off a ladder for standing up for our son. There is a police report filed, however he is back in the house and making threats to break our devices if he sees them, he has taken all of the chargers and my son has not been able to do his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 25, 2020

You should know, that the Family Court is still open in every county it just might be held in a difference courthouse. Based upon what you are saying, you can go to family court and get an order of protection putting your husband out of the house or at least one that says he can't do anything... Read more »

2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 13, 2020

Write to the Administrative Law Judge

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: I am currently 8 months pregnant and I'm 20 my baby father is 16 but he lied about his age can I get in trouble
Howard E. Knispel
Howard E. Knispel answered on Mar 11, 2020

It really depends on the age difference at the time of the relationship. In NY Statutory rape occurs when a person has consensual sex with someone under the age of consent. ... It is considered statutory rape to have sex with anyone under 17 years old in New York. However, there is a close-in-age... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: Divorcing my wife who I had a baby with. She's threatening to show Judge a video of me with a Knife from last year.

When I moved to a new state. I reconnected with my ex girlfriend who I still loved. I used my savings to help her move across the country with me (flights, car shipping, etc.) We discussed for her to get acclimated with the new city and then find a job to start helping contribute to our household.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

The video may have an impact but you will have rights no matter what.

2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: How can I become an emancipated minor in the State of New York if I face mental, emotional, And physical abuse?
Nina Mironenko
Nina Mironenko answered on Jan 13, 2020

File a petition in family court to be emancipated. There should be a help center in the county family court.

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1 Answer | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: If I get an order of protection against my wife, can I “sit on it” until she acts out and gets abusive again?

I am getting ready to Divorce my wife after her affair and abuse towards our children and myself. divorce my wife after her affair and abuse towards our children and myself.

I was advised to get an order of protection before serving her with papers.

Is the order of protection... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 1, 2020

An Order of Protection is not effective until it is served so she cannot be arrested until after service. Additionally, your wife has to be served with the request for an Order of Protection and she has a right to be heard on the issue.

1 Answer | Asked in Domestic Violence and Sexual Harassment for New York on
Q: If you get someone convicted of a crime, is it possible to get them out of jail later on even if they were guilty?
William Jaksa
William Jaksa answered on Dec 10, 2019

The short answer is yes. Usually, its a parent, sibling or partner that was assaulted and later presents themselves as a surety or just wants to resume contact. What you need to check to see if there are any court orders prohibiting the offender from contact. Sometimes those are stand alone court... Read more »

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