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New York Domestic Violence Questions & Answers
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 bad... 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 only. I was... 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 »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: I used corporal punishment to discipline my son. The school called CPS, and the sheriff was involved. What do I do next?

My wife and son filed a statement with the sheriff following a home visit. My son has minor bruises but no severe injuries, yet was taken to urgent care for photos to be taken. I admitted to the sheriff over the phone while talking to CPS. No charges have been filed yet. I am currently out of town,... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 22, 2019

You need a criminal attorney and a Family Law attorney

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2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: If my family is verbally/mentally abusing me can I get a order of protection ?

I’m being verbally and mentally abused by family members

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 21, 2019

Without knowing specifics it is difficult to give you an answer. In general, orders of protection are based upon Criminal acts, so if there is a way to classify what is being done as criminal, you may get an order of protection. Speak to a lawyer and go over exactly what is happening so you can... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for New York on
Q: About 5 years ago I violated an order protection I got arrested and so on can I become a police officer if I violated it

Can I be disqualified if I violated and order of protection?

William Jaksa
William Jaksa answered on Oct 23, 2019

Please understand that I don't know the hiring standards of the police service you would like to apply to, but generally speaking a conviction and record for disobeying court orders would likely not make you the most ideal candidate. Be prepared to provide an explanation that makes sense if you do... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Why would a court appearance be changed to a sooner date?
Gary Kollin
Gary Kollin answered on Oct 8, 2019

There are a zillion reasons

3 Answers | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2019

Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.

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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
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
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
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
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
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
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
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
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.

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