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Ask D Downs-Vollbracht Your Own Question
D Downs-Vollbracht
D Downs-Vollbracht,
Category: Legal
Satisfied Customers: 7
Experience:  General Counsel at Cadre Consulting, LLC
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Son is alcoholi/drug abuser frequently usually using in my

Customer Question

Son is alcoholi/drug abuser frequently usually using in my home. His 9 yr old lives here and I don't want to have her hear this profanity, threats of burning down the house and harming me.been arrested multiple times for DV.doesnt help with any chores and bills and I'd destroying my home but will not leave or go to rehab.Help me ease. No one else will.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: He just came out of jail for a 3 yr DVM case and is spiraling down quickly. Overdosed two times in critical condition and shins himself out next day .last year fell off railroad tracks but was help up by paramedic and sent to the hospital
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do you think I will be able to get an order of refrain
Submitted: 1 month ago.
Category: Legal
Expert:  D Downs-Vollbracht replied 1 month ago.
Good evening. What state do you live in and does your son have legal custody of the nine year old? Are you considering seeking custody or guardianship of the child?
Customer: replied 1 month ago.
Does not have legal custody. The mother of his daughter lives with me as I am on disability and sometimes needs help
Customer: replied 1 month ago.
Are you still there?
Expert:  D Downs-Vollbracht replied 1 month ago.
I am just doing a bit of research regarding NY domestic violence as it relates to orders regarding restraint or protection
Expert:  D Downs-Vollbracht replied 1 month ago.
I'm sorry it took me a few moments to find what I'm looking for. If the mother lives with you and you both are fearful and in an unhealthy situation, you should take steps to be safe. You do not have to let him live with you and while I know it can be difficult to be firm, it sounds as if you are in a tough spot. The mother of his child and you are able to protect the child from him and limit the visitation or contact he has with his son. For example, he must be sober and may have to have supervised visits for a period of time.
Expert:  D Downs-Vollbracht replied 1 month ago.
You may have a good advocate if you or the mom of his son contact the prosecuting attorney's office that origami all charged him and convicted him. They have what is called a Victims Advocate representative and they are very sensitive to domestic violence issues and especially in situations involving children and disabled people. Often, they will walk you through the protective order petition process and even go to court with you to obtain the order you need to keep him away.

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