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New York Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it

Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?

Nina Mironenko
Nina Mironenko answered on Dec 1, 2018

File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?

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1 Answer | Asked in Domestic Violence for New York on
Q: Does emotional abuse count as "domestic violence" in New York?
Kristen Epifania
Kristen Epifania answered on Nov 1, 2018

Emotional abuse can be considered domestic violence. However, if you are speaking in terms of criminal charges, then the threshold is not quite the same as physical abuse.

1 Answer | Asked in Domestic Violence for New York on
Q: Domestic violence stranglation charge

Mother of my kids has charged me with domestic violence and strangling she has sent me a text stating she had to lie in order to move back in with her mother will this help me and will this hurt her in the long run

Kristen Epifania
Kristen Epifania answered on Nov 1, 2018

Yes, this can certainly help your case. Save the messages and show them to your attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What are the next steps after my husband is arrested (against my wishes) for a DV misdemeanor (taking my cell phone)?

Queens, NY The detective has been harassing us, sending fake wanted fliers (for grand larceny???) to his cell phone and intimidating him to turn himself in although no charges were made and no crime was committed. No violence whatsoever, the argument got heated and I told the cops he took my cell... Read more »

Kristen Epifania
Kristen Epifania answered on Oct 24, 2018

Once your husband is assigned an attorney, you should speak to him/her to express that you do not want to go forward with the case. At this point, you have no obligation to speak with the District Attorney's Office and you are free to tell them that you do not wish to go forward with the case.... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: Can I get more time from family court, to amend my original filing, after defendant filed a response?

I filed for protection for my daughter because of abuse.

Her mother's attorneys have filed a voluminous counter.

Two days before the day of the hearing.

Can I get an adjournment so that I can prepare an amendment to my original filing?

Nina Mironenko
Nina Mironenko answered on Oct 22, 2018

Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused

He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.

Michael D. Litman
Michael D. Litman answered on Sep 28, 2018

You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.

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1 Answer | Asked in Domestic Violence and Family Law for New York on
Q: I left an abusive relationship and the father has been witholding my children from me. Can I get them back

He has a lawyer, I do not. Police here told me I could take them and not return them until court. I did so and an emergency hearing was held and I now only have three days a week while he is at work I need advice on how to get my children back . I have police reports, logs of harassment And he has... Read more »

Nina Mironenko
Nina Mironenko answered on Sep 14, 2018

Not to be trite, but you do need an attorney. You need to file a petition for custody and prove that it would be in the best interest of the children for you to have residential custody of the children.

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: How do I drop a 1 year permanent restraining order? What are the chances the judge will drop or modify this order?

I filed a restraining order on my fiance a couple of months ago after a heated break-up. I have never been to court before and was unsure what the proper steps were, so I ended up agreeing to 1 yr permanent restraining order. I waived my rights to counsel, which im now realizing, was a mistake.... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 15, 2018

If you received the OP (order of protection) in District Court contact the assistant district attorney.

If you received it in Family Court then contact the court and ask how to file a petition to have it dismissed.

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...
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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.

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