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Domestic abuse criminal charge harassment

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?

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Attorney answers 5


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

Scott Gross

This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326


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.


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)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


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 attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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