Legal Question in Family Law in New York

What to do with domestic violence dispute?

long story short i have 4 children from a prior relationship we never married,however the father of my kids became abusive and he was arreasted on domestic violence charges(which at the time of the assult i was pregnant with his children)He was then arreasted and order of protection was put in play by criminal court because i never knew i could also obtain one from family as well and since that order he violeted the Order of Protection on 3 seperete occasions which new orders kept on getting issued the final order expired this month on the 3rd which in total was a 7yr order of protection now being I am afraid for my saftey as well as the kids i tryed to see if they can renew it but the D.A said no not unless he had violated and he indeed did 3yrs back literally crossing state lines to call me and harrass me(he went to massachusets)Now the detectives said nothing could be done if he wasnt in NY's jurisdiction but he threatened to slit my throat as well as my husbands out of jealousy and the police didnt do anything. so now i am here like a sitting duck with my children walking on pins and needle worrying when he is going to come around again and cause us harm what legally now can i do 2 protect myself as well as my kids?HELP ME!


Asked on 1/17/08, 10:57 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: What to do with domestic violence dispute?

The statute of Limitations on a Misdemeanor is three years. You should have reported it then.

Best you can do now is seek an order from the Supreme Court of NY but it will not be easy to do. It is a prior restraint and those are frowned upon by the law.

You really need a lawyer.

If you wish to speak to us about your situation, you can reach me through the links below.

Good luck.

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Answered on 1/18/08, 12:15 am
Michael Markowitz Michael A. Markowitz, PC

Re: What to do with domestic violence dispute?

You should contact the Westchester Coalition of Family Violence Agencies. You can find the agency at www.westchestergov.com/women/wcfva1.htm

Mike

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Answered on 1/18/08, 8:17 am


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