Skip to main content
Eric Edward Rothstein

Eric Rothstein’s Answers

39,004 total


  • In which county do I file for small claims?

    A person stole a check from County A and cashed it it County B. The criminal also lives in B where it was deposited (without an endorsement). At the time I was living in County A but currently reside in another county. (I never had a permanent add...

    Eric’s Answer

    Generally, a Small Claims case gets filed in the County where the defendant works or resides. Have you reported this to the police? You might get restitution as part of any plea deal.

    See question 
  • Can a violation petition for an Order of Protection be filed after the Order has been dropped?

    I split up with my spouse in November, 2014 and she filed a temporary order of protection against me. The order of protection was subsequently dropped in July, 2015. We are now in an argument regarding child visitation and she is saying that she...

    Eric’s Answer

    Yes - so long as the Order was in effect at the time of the alleged violation.

    See question 
  • my question is, is the recording I have enough to charge him with adultery, and If so, is he still entitled to half of my asset

    My husband who I've been married to for 13 years and have a child with was unfaithful to me on numerous occasions. I recorded him admitting to his numerous affairs, he even told me that I could record him. I have a home which I purchased before I...

    Eric’s Answer

    New York is a no-fault divorce state so you don't need to prove grounds for a divorce such as adultery.

    See question 
  • How to I find out about inheritance for my father who lived in Puerto Rico

    My father recently passed away but he lived in Puerto Rico, ..I love in ny, .we need help finding out about his will or whatever he had there, ..duno if he was remarried legally or so married to my mom? , also he was a vet, .what is my mom still e...

    Eric’s Answer

    Consult with a probate lawyer in Puerto Rico.

    See question 
  • Our daughter was conceived February 2013...is the violation a misdemeanor?

    I have an order of protection against me given to me by a criminal court judge September 26,2011 from the mother of my children towards me to be in affect until 2019. We had a daughter born October 18,2013 making time of conception February 2013. ...

    Eric’s Answer

    This would likely be a misdemeanor and therefore too late to prosecute. The felony requires threats, etc.

    See question 
  • Do violations give you a record

    Do violations ever give you a criminal record? I received a summons and all over the summons it says violation everywhere. What I did was a misdemeanor in law I believe but the paper (summons) says the words violation

    Eric’s Answer

    A violation is not a crime so it cannot give you a criminal record. Do not go by the wording. Go by the statute you are charged with violating. It should be listed.

    See question 
  • What are the disclosure requirements to the client as it pertains to the retainer?

    I am currently being represented by an attorney in a legal case.

    Eric’s Answer

    Can you be more specific? If the total charge will be under $3,000 no retainer is required. If a retainer is required it should specify the fees schedule and the work to be performed.

    See question 
  • Do i have case after a steroid injection caused me to have a glaucoma surgery and caused me double vision

    I had an eye steroid injection in march by a doctor to treated a black spot in the back of my OD eye.The injection was to remove the black spot but instead it has caused me to have an eye vision from 20\50 to an vision of 20\400,also cause me an e...

    Eric’s Answer

    Has any doctor related your medical problems to the injection? I suggest that you get all your records and consult with a lawyer who handles medical malpractice cases.

    See question 
  • How much jail time do you think he could be facing?

    Me and my boyfriend has a non-offensive order of protection, we got into a heated argument which cops was called. The police officer ask him to leave but he refused so the officer was trying to arrest him and while doing so the officer got injured...

    Eric’s Answer

    How badly is the Officer injured? Does your boyfriend have a previous criminal record? Lots of factors go into this.

    See question