Get free answers to your Domestic Violence legal questions from lawyers in your area.
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.... View More 
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.
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
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... View More
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... View More
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.
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... View More
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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... View More
answered on May 11, 2018
Not necessarily, but if he is convicted of domestic violence, he could be deported.
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.... View More
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... View More
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.
answered on Mar 27, 2018
Doesn’t matter. All VAWA applications are processed out of the same office.
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... View More
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... View More
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... View More
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... View More
[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... View More
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... View More
he left for personal reasons and now I'm being charged for the equipment he took. The contract has mine and his signature
answered on Jan 22, 2018
As between you and the company, you owe it. You can sue your son for contribution.
The police report was missing information
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").
answered on Nov 16, 2017
Any new arrest can violate probation, regardless of the outcome of the case.
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.
with some form of DV that I cannot remember. Will this show up on his criminal record or not?
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.
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... View More
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.
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.
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... View More
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answered on Oct 19, 2017
Probably wouldn't fly. Your case (if filed) would be dismissed.
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.... View More
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!... View More
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... View More
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