I am already in family court we both filed fops can i still have her arrested for domestic violence hers is false

Asked almost 2 years ago - Germantown, NY

my son a minor but old enough. witnessed it, he has a court apointed attorney that would not like him to even see a court room. However his testimony would be in my favor in this matter but how do I justify it.He is willing to do it. damed both ways

Additional information

Being pro se and filing a duces tecum. Weeks ago , as I filed for support how will I know if the Judge signed it or not and did I file it in time ? etc It was returned once cause I didn't show it ccd I did that and resubmitted it.

Attorney answers (3)

  1. Maria C. Tebano

    Contributor Level 15


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Yes, you can still file a complaint with the local authorities and attempt to have her arrested. If you don't want your son to testify in open court, ask for a Lincoln Hearing. That would mean that your son and his attorney would discuss what he saw with the judge outside the presence of you and his mother. This is not uncommon.

  2. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyers agree


    Answered . Yes---it can be done. Speak to your attorney.

    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... more
  3. Lawrence Allen Weinreich

    Contributor Level 18


    Lawyer agrees


    Answered . If she violated the order you can have her arrested. You can call the child as a witness but I would only do that as a last resort. Discuss the issues with your attorney and if you don't have one get one.

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