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New York Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: How can I get all the order of protections against me modified/removed and what type of hearing is required?

My case started back in October, when my wife and the stepmother of my children abused my kids and then claimed herself the victim in the incident and blamed everything on me. I have 3 children, 2 daughters that currently live with me and a 1 year old son that lives with my wife. There is a order... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 16, 2017

This is a very difficult issue that comes up often in criminal/family practice. The reason behind this is that, at least in New York, once a complaint is made, it is up to the district attorney and not your wife to continue to prostitute/keep the order.

As a result of the above, I...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: Hi, In a OOP hearing, can I use court documents that detail my ex' extensive DV history? He abandoned home leaving all

He left the night of incident, when told to calm down; never communicated just sent letter and harassed me with lawyer to move from cosigned lease. DIR filed and petition for OOP completed. Ex parte will go but in hearing can I use these? His ex wife documented for court more than 20 instances... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can use them to impeach his testimony if he denies having a history of abuse upon being asked that question, otherwise they may be considered irrelevant and/or unfairly prejudicial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

2 Answers | Asked in Domestic Violence for New York on
Q: I need to obtain a restraining order for my ex. Not one for my kids though

My son has multiple medical special needs and we need some form of contact also, my ex will need to pick them up bc I work from home and cannot bring them to the police station nor do I want to. Is this possible to obtain? If so can I do this without a lawyer initially?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can file for a restraining order on your own and protecting only you. Forms are available on the NY courts website. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

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1 Answer | Asked in Domestic Violence and Immigration Law for New York on
Q: LPR 8 yrs now, I had a DV case dismissed, with a 2 year restraining order against, Can i put in my citizenship now?

I was never convicted. The case was dropped. I had GMC ever since i became an LPR. Will a disposition letter help? How long should i wait if ever? And can i sponsor my wife a green card?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2017

To make a precise determination of what can be done for you, an in person consultation is necessary. If you had a DV case dismissed, but had a 2 year restraining order against you, that means you had Civil Restraints against you, so that is not a dismissal, but it means instead of a Final... View More

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I get a temporary order of protection for my daughters modified against me?

It has been more than 4 months since my case started.I have never had a case with ACS.I am being accused of something I didn't do and have evidence and witnesses with hospital records.The person who accused me is the step-mother of my daughters.She abused them and me and is now away,claiming... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

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1 Answer | Asked in Domestic Violence for New York on
Q: Can minor children testify as a witness to one spouse's physical abuse of another?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

Yes, but the weight such evidence is given will clearly depend on the age/ maturity of the child, the details provided, the believability of the witness, etc. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for New York on
Q: What are some ways to prove rape in a situation where you're a married couple?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

Your own testimony as well as any witness testimony, hospital records, text messages or other communications, and/or any audio-video recordings may be helpful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can a lawyer help me to communicate with my girlfriend after a wrongfull dv charge
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

Not to harass or simply communicate with her but re: legal issues, yes. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: My ex has a restraining order out on me - am I able to talk about her on Facebook?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on the specific wording of the order. It's important not to harass, try to contact via 3rd parties a protected party, otherwise defame, or tortiously or criminally victimize. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can my ex bf sue me for harassment and get an order of protection?

Last night I found out that my boyfriend had been two-timing me with another girl. I contacted her to let her know. She was very thankful but when he found out he got very spiteful and nasty.

Since then, I sent him several txts expressing my anger. The worst things I said were that he is a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

I hear no basis for such legal actions in your question. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I am disabled my wife is abusive to me I want her out of my home.Who do I call?

I am a disabled man with two children one is special needs my wife is abusive to all of us.She threatens to throw me out?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

You can call the police to report a crime, if applicable. You can file for a restraining order and a divorce. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Domestic Violence for New York on
Q: 8 months ago I filed domestic violence charges against my boyfriend was arrested.

I didn't go to court the next day because I thought the charges would get dismissed. He was still given a court date but did not appear because he did not have an attorney. He wants to go down and vacate the warrant and I'd like to have the charges dropped. How do we do that?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

The DA decides whether to bring or drop charges. If you recant your allegations, you might yourself be charged with obstruction of justice or perjury. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: What does an institutional conflict of history in regards to the defendant define?

Family court appointed attorney for children can no longer take a case due to an institutional conflict of history against the defendant, what does this mean?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

It depends on the facts here, but perhaps there has been a prior negative relationship between the attorney and the defendant. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law, Child Support and Domestic Violence for New York on
Q: My ex boyfriend has tortured me for years. we have a 9 year old daughter together. we had an on and off relationship

I couldn't take his physical, emotional and verbal abuse every single day. he tried to kill me several times. I had him arrested twice and dropped the charges for my daughters sake. he is continually harassing me when I see him, calling me the worst names in public. I am dating someone new and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Consult with an attorney privately re: this matter. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Domestic Violence for New York on
Q: How should i handle this situation?

My ex boyfriend has been found guilty of strangulation resulting in wounding or bodily injury and abduct by force without justification this happened in virginia state but now i'm back in newyork state and his sister is also from newyork state and she has been sending threatening messages... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You can consider filing for a restraining order. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What can I do??

I've been with a man for three years. This is the third time I've gotten him arrested for domestic violence. He ran off to the south from New York to prevent the cops from locking him up, he has been reaching out to me trying to get back in a relationship with me but I was playing along... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You can file for a restraining order, and you can file actions in civil court re: the money you say he owes you. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Domestic Violence for New York on
Q: If I put a temporary refrainment on a person for domestic violence may I go and have the charge dismissed
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

He may appeal the decision if he does so in a timely manner and if you retract your allegations. If you do so, you may face perjury charges. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can you use your partners left behind court papers to prove past acts of domestic violence for your OOP?

Knowing his own past, he filed a domestic incident report after I asked him to leave until he got control (following rage,threats verbal abuse)

I am stunned and now feel I should file.

In meantime I have seen documentation and admissions from his divorce of extensive DV and MH... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

It may be considered an invasion of privacy if you're rifling through his personal belongings. If he left the documents in plain view and you take photos of them in your own home, that is a different story. These cases can get very messy. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can I visit my baby father in jail without either of us getting in trouble if I have a temporary order of protection ?

Have 2 month old daughter together

He's an addict that's y he was out of control not defending him.

I'm not working Bc baby but living in our appartment and have to figure out what to do about rent with him.

He Slapped me

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

If you're not prohibited by a court order from contacting/ seeing him, I see no problem. You may need to get his permission to visit him at the jail. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Domestic Violence for New York on
Q: How do I get my order of protection from cops so I know what my rights are and how long it lasts?

Have 2 month old daughter together need to be in contact with him about her atleast.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

You should have been provided a copy of any protection order by the court and the opposing party. You can get a copy from the court clerk in the court where the order was filed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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