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New York Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: How do you get a restraining order dropped when it is against a 24 year old that was involved with a 16 year old?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

You can appeal the order if it is timely, i.e., immediately after it's issued by the judge. 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.... View More

1 Answer | Asked in Domestic Violence for New York on
Q: My boyfriend had an order of protection on him from his ex girlfriend, can she contact me knowing were together

The day after he was arrested she sent me a friends request on social network, making a mockery of this situation, then told her son I threatened her.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

If there is no restraining order preventing her from contacting you, I don't see a problem. Based on your facts, I don't see a case for harassment either, at present. But if you did not threaten her, there may be a case for defamation, though damages may be hard to prove. The best first... View More

1 Answer | Asked in Domestic Violence for New York on
Q: Can a person be arrested for a warrant from another state. Ex: warrant issued in NYC person resides in NC?

My ex has an arrrest warrant in NYC for a domestic dispute. He now resides in NC, can he still be arrested in NC for that warrant?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Extradition is a possibility. 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 following areas of... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My now 15 year old daughter has physically assaulted me 7x, why can't she be arrested?

For 4 years she's been in therapy because she chats and shares naked videos with multiple men over the age of 20. She's been on PINS Diversion with zero consequences and she's getting more violent towards me since she is not allowed online or on the phone. she steals internet devices... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

You can report her actions to the police for investigation, if you want. 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: I have a temp order of protection (that i petitioned) What wouId happen if i didnt show up for the follow up appoint?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

See my answer to your identical 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 the following... View More

1 Answer | Asked in Domestic Violence for New York on
Q: if i dont show up to a follow up appoint with a judge for an order of protection i petitioned what happens?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

If you filed a motion and then ignored/ wasted the court's time, worst case scenario might include sanctions issued by the court, but I'd guess that that is rare against pro se litigants. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Domestic Violence for New York on
Q: When did they first issue orders of protection in spanish?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Contact the court clerk's office to ask this 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,...
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1 Answer | Asked in Domestic Violence for New York on
Q: My college boyfriend battered me in public 20 years ago can I do anythi,g to make him aware of his assault.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

A statute of limitations problem may be fatal to the case. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for New York on
Q: Falsely accused of domestic violence, what to do to terminate lease since was forced to leave the premises.

No longer at the premises and was served with order of protection, although intentions were only to protect self from being physical abused and law enforcement was called.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

A lawyer should review the restraining order case and your lease to advise 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 practice website. I practice law... View More

1 Answer | Asked in Domestic Violence for New York on
Q: What will happen to the person if I report domestic abuse ?

The verbal , mental and physical abuse is worse every time . Will he arrested, or sent to anger management??

What will happen to me

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Domestic abuse is a crime: typically a misdemeanor, but possibly a felony depending on the severity of the abuse. As a victim, you can request a restraining order as well. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Domestic Violence for New York on
Q: I have a 1year order protection and he need to support me too and he dont followed order what can i do??
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

If the defendant is in contempt of court orders, you can file a motion for contempt in the same matter that issued the restraining order and support order. 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 Divorce, Family Law and Domestic Violence for New York on
Q: How to get an order of protection in Suffolk County, NY Supreme Court?

My ex and I started our separation Sept 2015 and signed the legal separation papers on March 18, 2016, I am waiting for the judge to sign off on the uncontested divorce. My Ex has been harassing me for the past 9 months, it continues to escalate and he has now included my boyfriend in his... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

You might be able to file a restraining order. You can report criminal behavior to the local police. You can find restraining order forms online at the NY Courts website. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for New York on
Q: I am trying to divorce my husband who was both physically and mentally abusive. will anybody help me

My husband has had a DWI, suicide attempts, ptsd, he has choked,kicked, punched, slapped and held a knife up to me. He has been involved with sex sited sending innapropriate pictures and has cheated on me with over 20 women. He has failed to pay any support since we separated in aug and now I have... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

You can file a divorce and file for a restraining order. You can report his attacks to the local police. 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... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: My mother put a restraining order on my father but does that mean he can't stay in his own home that is under my mother

Ther was a restraing order put between my mother and father. Currently the restraining order was put on my father by my mother. My mother left the house and moved in with her sister to avoid any problems with my father and because my father pays all the bills. However the house is under my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

It depends on the terms of the restraining order. That should be reviewed by a lawyer. 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... View More

1 Answer | Asked in Domestic Violence for New York on
Q: How do you get rid of a 30 day order protection and drop charges

On someone that I filed I dot. Want it to go through anymore

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

You may be able to file a related motion, but it really depends on the facts of the case. If you brought evidence seeking the order, you presumably did so under penalty of perjury. Careful that you do not perjure yourself. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Can someone on parole go to jail if someone files a domestic violence case on them
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jan 11, 2017

Yes. Anyone can go to jail if they commit domestic violence (although DV is not in and of itself a crime in NYS), but someone on parole, especially if the underlying offense was a violent one, is much more likely to go to jail/prison.

As an aside, the terms "jail" and...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: What are the chances of getting charges dismissed if I exaggerated incident and will not cooperate with DA?

My boyfriend and I were in an argument that caused me to call my mom who has mental health anxiety problems. I also have anxiety problems and she told me to call the police. In my extremely anxious state I exaggerated the situation on the 911 call and then the police added charges that never... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jan 9, 2017

Yes, depending on what county (and as per the CPL of NYS you can definitely get the order modified so that the two of you can be together). Your boyfriend's attorney should also move to suppress the statement as you were not sound of mind (PLUS, IF THE POLICE WROTE IT OUT AND YOU JUST SIGNED... View More

3 Answers | Asked in Divorce, Collections and Domestic Violence for New York on
Q: Divorce states my ex takes ownership of vehicle but im getting creditor coming after me

My ex is on purpose not paying the truck note and ruining my credit. Refuses to refinance. What can i do?

Christine Moccia
Christine Moccia
answered on Jan 8, 2017

This will depend on what the terms of your judgment of divorce and your separation agreement say about existing loans. You should try to pay off all joint debt prior to settling. It doesn't sound like this was done. Review the terms of your divorce. If your Ex is not complying with regard to... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: If my ex is on parole and i file a domestic violence on him what will happen?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 28, 2016

If the report alleges criminal charges then he would likely be arrested on the new charges. It's also possible that his parole could be revoked.

Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my... View More

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2016

You need to file an order to show cause ASAP. Court is closed today. Go Monday morning when it opens.

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