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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

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

Germantown, NY -

Attorney Answers (3)

Maria C. Tebano

Maria C. Tebano

Family Law Attorney - Newtonville, NY
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.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
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)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
Lawrence Allen Weinreich

Lawrence Allen Weinreich

Domestic Violence Lawyer - Westbury, NY
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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