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

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

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


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.

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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 substitution for a meeting whereas all potential legal issues can be discussed.

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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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* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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