Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More 
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?
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answered on Mar 11, 2025
I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.
Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and... View More
My husband is currently in detention awaiting his third hearing. He assaulted me with an illegal 15-gauge rifle while he was drunk, resulting in an injury to my jaw. I reported the incident to the police, and now I've invoked my right not to appear in court or testify. However, the district... View More
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answered on Mar 11, 2025
I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.
Based on the details you provided, your husband is facing several... View More
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answered on Nov 30, 2024
I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in... View More
answered on Nov 4, 2024
If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
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answered on May 6, 2024
There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.
If the asker moves... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More
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answered on Dec 7, 2023
In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More
I have proof of the assault and a witness
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answered on Nov 23, 2023
In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them... View More
I was removed from my own house in New York by the police due to a protection order that was served to me at the same moment. The protection order lists an address as confidential, which is actually the address of the petitioner's mother's house. However, they came to my house and removed... View More
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answered on Apr 19, 2025
There is nothing to do except to comply with the removal and legal process. Voting carelessly caused this.
Government enacted legislation that presumes all men to be inherently violent. Then, this legislation is enforced in courts before judges who amplify the victim's case. This... View More
I had to leave the state due to domestic violence and have now relocated 20 hours away. I currently have primary custody and am the primary caretaker of my child. There has been a violation of visitation, and I have recently filed a restraining order. Can a family court judge at a pre-conference... View More
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answered on Apr 16, 2025
There is too much missing here for a cogent response. What is "domestic violence?" Was this a criminal action against a man who beat his woman? Was this a family court order of protection violated in some way? The term "domestic violence" is itself a conclusion, a label used by... View More
I am a 14-year-old looking to become legally emancipated due to a toxic household environment involving neglect and abuse. My parents are unable to provide what I need, and their lack of cooperation makes it difficult to pursue emancipation. While I'm seeking a job and looking to gain... View More
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answered on Apr 13, 2025
In New York, emancipation allows minors to live independently from their parents under certain circumstances, but it’s not easy to achieve. To pursue emancipation, you would need to file a petition in Family Court, where you must prove that you are capable of supporting yourself financially,... View More
I'm seeking to change a temporary order of protection to a permanent one due to ongoing harassment, abuse, and threats from the individual named in the order. The temporary order was issued eight months ago, but I'm unsure if it's still active. Recently, there was an incident... View More
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answered on Apr 13, 2025
You’re doing the right thing by wanting to protect yourself, especially after a recent incident involving police and medical documentation. If the temporary order of protection was issued eight months ago, the first step is to check with the court clerk where the order was granted to confirm... View More
I am involved in a custody case where I have screen shots showing that the other parent calls our child at unauthorized times using an app not mentioned in the court order. He currently has temporary visitation rights. My child has expressed fear, stating that the other parent stares at her, sleeps... View More
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answered on Apr 13, 2025
To address the safety concerns in custody court, you should start by presenting the screenshots showing the unauthorized calls and the app that was used outside the court order. This evidence can demonstrate that the other parent is not following the agreed-upon visitation schedule. It's... View More
Ex 32 (at the time of conviction) raped and impregnated a 15yr old child. He was sentenced to jail time and because of that has no relationship with my child. (He was only awarded letters to send at my discretion to give)(I offered my child the letters and they declined them so they are boxed up).... View More
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answered on Jan 7, 2025
A parent can petition for anything he wants at any time he wants. The problem will always be to get what the parent wants.
Initial custodial orders (typically for mothers) are based on a rather broad spectrum of behaviors toward the child. There is the daily caretaking, the education,... View More
We met in Brazil in 2007, and reconnected in 2011. He filled bankruptcy in NYC, went to Brazil to attest he loved me and convinced me to move to NYC later that year. Less than 6 months later, he proposed, but because of Defense of Marital Act, we only got married in 2013. My ex issued the first... View More
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answered on Nov 3, 2024
First and foremost the asker must retain a lawyer to represent her and guide her throughout her divorce. We cannot provide such a service here online. Secondly, the asker makes rather bombastic allegations that should appear in the pleadings prepared by her lawyer. Some facts are important while... View More
Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More
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answered on Oct 16, 2024
No.
I can prove that without my money, he wouldn't have gotten the mortgage.
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answered on Jul 21, 2024
The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
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