Legal Question in Family Law in New York

my sister attacked me the other day. she got hurt in the fight. I have a witness saying she came after me first. The next day she text me that she spoke with someone in dept of domestic violence and that im an unfit parent and that i better walk on egg shells around her or shes calling cps. is that considered a threat or blackmail... and can i take the text to the police to fill out a report to start a paper trail. and if so which department do i see at the police station. also can i get a restraining order on her or an emergency eviction if we both live at home with my father, i pay half the bills she pays none. I feel like i have to do something to protect my child i just dont know if i go to the police or a lawyer first


Asked on 5/05/11, 7:43 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

If you are sure your witness is willing to testify in court, you should beat her to the punch by reporting the attack to the police, showing the texts to the authorities, and getting a restraining order.

It may be too late to defend yourself if you just wait for her to act.

You don't necessarily need to retain an attorney. However, you may want to discuss this matter in an office visit with a local attorney who specializes in domestic violence matters.

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Answered on 5/08/11, 2:52 am


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