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New York Domestic Violence Questions & Answers
2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 7, 2022

The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 2, 2022

Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: 6 days no communication. Then had to ask two days in a row, 2 days before court if it was adjourned. It was not.

This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?

Howard E. Knispel
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Howard E. Knispel
answered on May 2, 2022

I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Will I be convicted if I don’t have a record and was realeased on ror ?

Facing Class A Misdemeanor , thing got heated and I bruised my girl friends arm and face . I don’t have any priors a d have never been in trouble and she didn’t press charges but I still turned myself In and was realeased on ror with a next court date and a order of protection . What should I... Read more »

Michael Arbeit
Michael Arbeit
answered on Feb 3, 2022

You need to consult with an experienced criminal defense attorney immediately for proper representation. You want this matter to be handled correctly. Did you girlfriend sign the supporting deposition? Were there any witnesses to the altercation? Did you give a statement to the police? A lot... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for New York on
Q: I am not certain what type of lawyer I need. I am trying to attain a limited order of protection and theft

I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 14, 2021

Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... Read more »

1 Answer | Asked in Divorce, Child Support and Domestic Violence for New York on
Q: Where can I find a pro bono attorney to assist me until the divorce settlement is reached and assets are liquidated?

My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2021

Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... Read more »

2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My son keeps vomiting and diarrhea after his court order visits with his dad. I think he’s giving him contaminated food

His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?

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

It sounds as if your child is nervous or anxious about something. After taking his to the doctor to be sure, you should get him into therapy to help your child with their nervousness.

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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
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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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