Domestic abuse criminal charge harassment

Asked about 2 years ago - Jackson Heights, NY

my wife harasses me a lot(got proof) and I would like to file criminal harassment charges against her and obtain a restraining order. how do i go about doing it. can i go to criminal court and file for same or do I need to go to DA office?

Attorney answers (5)

  1. Scott Evan Gross

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . You should consider going to family court. Call an attorney ASAP

    Scott Gross
    Scottgrosslaw.com
    631-456-2326

    This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established.... more
  2. Benjamin J Lieberman

    Contributor Level 20

    4

    Lawyers agree

    Answered . The DA would be the one to file criminal charges in court. You are free, however, to file a petition in the Family Court. That too can get you an order of protection.
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  3. Yefim Rubinov

    Contributor Level 17

    4

    Lawyers agree

    Answered . You should def. try Family Court as well. The burden of proof is less in Family Court than in Criminal Court. I suggest you consult an attorney.

  4. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can go to the police or the DA or family court.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Richard C. Southard

    Contributor Level 19

    3

    Lawyers agree

    Answered . If you want to file criminal charges, you need to go to the police. If an arrest is made, a judge will issue an order of protection at the time of her arraignment. If you just want an order of protection, you can go to family court.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more

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