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New York Domestic Violence Questions & Answers
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
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 »

2 Answers | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for New York on
Q: What are the obligations of the husband, who is the sole provider? What are my rights as a wife of U.S. citizen?

I got married February 2018 to U.S. citizen. Me and my daughter, (from my previous relationship) came to NY holding K1 & K2 visas last December 2017. Our visas have expired last March 2018.

And now my husband refused to:

1. setup a bank account for me, I have no regular allowance,... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 4, 2018

You are in a tough position since your husband refuses to sponsor you for a green card. Schedule a consultation with an immigration attorney to discuss your situation.

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3 Answers | Asked in Immigration Law and Domestic Violence for New York on
Q: VAWA cases that consist of mainly emotional abuse?

I had a short term marriage and suffered narcissistic abuse at the hands of my wife. Has anyone had any experience of winning a VAWA case like this? That are almost solely based on emotional abuse, not physical. My 6 months were horrific and like most "victims" I am still wearing the scars. My... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 31, 2018

The key to winning your case is being able to prove you were a victim and have the medical records to do so. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents... Read more »

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1 Answer | Asked in Immigration Law and Domestic Violence for New York on
Q: Hi, my bf is russian and on OPT STEM since 1/2018. He hit me several times. If I call police, would that cancel his OPT?
Carl Shusterman
Carl Shusterman answered on May 11, 2018

Not necessarily, but if he is convicted of domestic violence, he could be deported.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: What does a third DVI court date mean?

I have a open DV case. I'm the defendant I had two court dates one when I turned myself in saw the judge the next day then I was released. My second court date was called a DVI. On that date the judge stated plaintiff didn't sign any papers with the prosecution to pursue charges. However, the... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on May 9, 2018

It is, in all likelihood, and for something called all purposes (AP) hearing. Time between all purpose hearings is generally used by the defense counsel to work out our began working out at potential plea deal. Your lawyer should be speaking to the district attorney and communicating back to you... Read more »

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1 Answer | Asked in Immigration Law and Domestic Violence for New York on
Q: In what state can I start to apply for VAWA if I live with my husband in NJ but he is abusive and I want to move to NY ?

We are living in Hudson county.I did not start domestic violence case yet but I have police reports already.I want to move to NY but I don't know in what state can I start in case I will move soon.He is a greencard holder .I have no documents.

Hector E. Quiroga
Hector E. Quiroga answered on Mar 27, 2018

Doesn’t matter. All VAWA applications are processed out of the same office.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for New York on
Q: Legal protection from mentally ill family member that makes false accusations/charges

We have a mentally ill family member who in the past has made false accusations to the authorities against us. She is currently confined to a NY State mental hospital, but she was able to phone in the false accusation in the past and the authorities are obliged to respond which is traumatic and... Read more »

Gary Lane
Gary Lane answered on Mar 24, 2018

Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this... Read more »

1 Answer | Asked in Child Support, Divorce and Domestic Violence for New York on
Q: can I file for child support without filing for divorce in New York?

I have an 18yr old son who lives with me who has an order of protection against my husband and he is not living with me. We have 2 other minor children who also live with me. He is threatening to turn off utilities, cancel health insurance and take away other things unless I force my son to... Read more »

Christine Moccia
Christine Moccia answered on Mar 5, 2018

Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Domestic Violence for New York on
Q: Just got contacted by NYPD detective for physical altercation with roommate [New York City]

[NYC] Last weekend, I got into a fight with my roommate who also happens to be my coworker. It started when he shoved me over something minor. Tensions have been building for some time but I agree that I responded poorly. I got angry and lunged at him. He retreated into his room and I knocked open... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 16, 2018

Hire either a domestic violence or criminal defense lawyer now!

I represented a retail employee whose coworker feared for their safety, had an order of protection entered with no language about the workplace, and employer had no choice but to fire the retail employee. New York state courts...
Read more »

1 Answer | Asked in Contracts, Collections and Domestic Violence for New York on
Q: My son had me sign a paper to install a security system in the house, he left and took the system and now im responsible

he left for personal reasons and now I'm being charged for the equipment he took. The contract has mine and his signature

Michael David Siegel
Michael David Siegel answered on Jan 22, 2018

As between you and the company, you owe it. You can sue your son for contribution.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I drop charges and still keep an order of protection?

The police report was missing information

Benjamin Ostrer
Benjamin Ostrer answered on Dec 31, 2017

The District Attorney can require an order of protection even where a matter is adjourned in contemplation of dismissal ("ACD").

1 Answer | Asked in Criminal Law, Domestic Violence and DUI / DWI for New York on
Q: was on probation for a dwi got arrested for a domestic criminal mistif in 4th degree so that violated my probation
Michael D. Litman
Michael D. Litman answered on Nov 16, 2017

Any new arrest can violate probation, regardless of the outcome of the case.

1 Answer | Asked in Domestic Violence for New York on
Q: How do I get and order of protection reduced to a reframe from order?

My husband was arrest for domestic violence against me. His bail hearing is today. I want the order if protection reduced to a reframe from order.

Lee A. Koch
Lee A. Koch answered on Nov 6, 2017

Speak to his attorney or the DA.

1 Answer | Asked in Domestic Violence for New York on
Q: My boyfriend hit me and the police were called by my neighbors. I did not allow them to arrest him but he was charged

with some form of DV that I cannot remember. Will this show up on his criminal record or not?

Lee A. Koch
Lee A. Koch answered on Nov 2, 2017

It will show up as a pending case, and if he is convicted, it will show up on his record. Hire him a lawyer now. They may not need you to press charges if the neighbors were witnesses.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: My friend was assaulted by her husband but the police didn't arrest him. What can she do to press charges?

He left marks on her throat from choking her, bruises on her leg, ear and lip from punching her, and the police let him go after they found him "sleeping", drunk in his car. She finally got them to issue a warrant for harassment after he threatened her in a message but still haven't even taken the... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 24, 2017

Go to a different police station and report the crime. It is up to the police as to whether they will pursue the case or not.

1 Answer | Asked in Domestic Violence for New York on
Q: if a 30 year old woman beats up a 16 year old kid is it child abuse or is it assault
Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

It can be both. The act itself could be an assault. Depending on the woman's relationship to the 16 year old, it could be abuse too.

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.

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1 Answer | Asked in Domestic Violence for New York on
Q: I have a dv case against my son dad i put on him may of this yr when does it expire?
Lee A. Koch
Lee A. Koch answered on Oct 4, 2017

Cases expire (finish) when they are dismissed or adjudicate. Adjudication happens when there is a plea or a trial. The case finishes when the defense and prosecution come to an agreement or one side loses at trial. If you are asking about an Order of Protection, it depends on the type of order.... Read more »

1 Answer | Asked in Family Law, Child Support and Domestic Violence for New York on
Q: Can i sue my kids father for not paying rent and college fees if he lives in my apartment and won't leave?

He refuses to leave to avoid paying support! he's Emotionally abusive and at times physically abusive. I've tried leaving but because he always pays the rent late and right and now where back three months, I've been denied other rental apartments because the apartment is in my name! He's knows... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Sep 6, 2017

You can file for a restraining order, child custody, and child support. You can also file eviction proceedings against him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more... Read more »

1 Answer | Asked in Divorce, Immigration Law and Domestic Violence for New York on
Q: My husband has a GC and I recently left him because of his mental health issues. Can he sue me for not supporting him?

He has anger issues that he refuses to address and I no longer feel safe. I left him in the apartment and my name is the only one on the lease. We have the lease on a month to month basis and I've offered to pay the rent for September and October so he can figure out if he's going to the army or... Read more »

Roger Carl Algase
Roger Carl Algase answered on Aug 29, 2017

This is the kind of question that requires consultation with an experienced divorce lawyer. It is not primarily an immigration question. As long as the original marriage was genuine and not entered into for immigration purposes, and as long as the green card holder has not been convicted of any... Read more »

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