Legal Question in Criminal Law in New York

Criminal case- DV

As a history of escalated events, H is now out of the house with a RO.. We have now become a number in the system. I am the wife. DA has yet to contact me, I have retained an attorney for Divorce however the DA spoke with my lawyer and I believe she lied in court telling H that I denied rights to see the children. RO is on all of us. I specifically told my lawyer and family shelter that he was to have access to the children, the judge on his day in court was going to allow him until the DA told the judge I specifically I refused. My question is how to obtain a copy of the transcipt being I was not present in the court room to hear and can I help get this RO lifted or reversed quickly because she was untruthful.


Asked on 10/14/07, 10:31 am

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Criminal case- DV

Your divorce attorney can make an application to the court to modify the order of protection on your behalf or they can contact your husbands attorney to advance the case to request a modification of the order of protection. You can also have a law guardian for your children request a modification of the order of protection on behalf of their clients. You need to get your divorce attorney working on this or you need to get a different attorney for you.

Joel R. Salinger, Esq.

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Answered on 10/14/07, 12:36 pm
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Criminal case- DV

Having seen these issues from both sides (first as a prosecutor and now as a private attorney), I would say the BEST way to try to get this taken care of quickly is to speak to your divorce attorney and have him contact your husband's defense attorney. If you communicate the misrepresentation by the prosecutor to your husband's attorney and he acts accordingly, it should be relatively simple to get the issue addressed before the Judge in the criminal matter.

Also, as an aside and if applicable, very often the R.O. or O.P. in criminal matters is made subject to any Family or Supreme Court orders regarding visitation.

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Answered on 10/14/07, 4:41 pm


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