domestic violence defense attorneysThe County Legislature of Suffolk County has unanimously adopted a statute calling for risk assessment forms to help predict whether a domestic batterer will likely commit domestic violence again. The purpose of this statute is to aid victims who seek help from the police. This new statute will allow the police to make an assessment of the needs of individuals who dial 911.

Helping Domestic Violence Victims

Suffolk County Police will utilize a model which had previously been developed and used by the Police Department in Portland, Oregon to provide an enhanced scale to make reasonable assumptions concerning the risk of domestic violence offenders continuing to abuse their victims. It rates previous domestic violence offenders on a scale of 1 to 13. The higher the number on the scale the more likely this individual will commit future offenses. Before adopting the form, Suffolk County ran five years of domestic violence data through the questionnaires based on this form. They found the model assisted them in predicting recidivism among domestic violence offenders. Police in Suffolk County will utilize this score when responding to whether victims of domestic violence require further protection and help from Suffolk County. The victims of domestic violence will also be given the scores their abusers received to show them the level of danger they are facing in the future.

family law attorneyElliot S. Schlissel is an attorney who represents individuals regarding domestic violence offenses.

family law attorneyDomestic violence refers to both physical abuse and mental abuse. It most often occurs when two people are involved in a social or personal relationship and/or are living together. In the State of New York, when domestic violence arises, Orders of Protection can be obtained either from the Criminal Courts or the Family Courts.

Domestic Violence Cases

There are two sides to domestic violence cases. One side involves either having an individual arrested for domestic violence or bringing an application to the Family Court for an Order of Protection to protect a victim of domestic violence. The other side of the coin represents those charged with domestic violence who either committed domestic violence or who are unfairly charged with domestic violence.

In our law firm’s experience, sometimes a client comes to us and we help file a complaint with the police. This causes the other individual to be arrested. Thereafter the victim comes back to us a day or two later and offers to hire us to get the alleged abuser out of jail.

Domestic Violence and Divorce

Our law office has an extensive divorce legal practice. We often have clients who come to us seeking a divorce due to their being involved in an abusive relationship. In those cases it is necessary for us to quickly deal with the economic issues in divorce, custody issues, prepare applications for Orders of Protection, and sometimes help our clients obtain locksmiths to change the locks on their home to make them more secure.

Domestic Violence Can Be Stopped

The cycle of domestic violence can be stopped. Clients who are in troubled relationships require sensitive, dedicated attorneys with experience in dealing with the psychological impact domestic violence can have on a household and how it impacts on even post divorce situations. Our office does everything in our power to help our clients sleep at night and not worry about continued domestic violence and the problems related to their divorce.criminal  attorney

Obtaining An Order Of Protection

February 18th, 2015

family law attorney on long islandOrders of Protection exist to help individuals who are victims of domestic violence to protect themselves. Orders of Protection can be granted by a Criminal Court judge, a Family Court judge, or if there is a divorce matter pending, by a Supreme Court judge.

Obtaining An Order of Protection

To obtain an Order of Protection you must bring an application and in that application you must state why you want the Order of Protection and who you want the Order of Protection against. There are a number of specific allegations which can be alleged in your petition for an Order of Protection. Some of the more significant allegations contained in applications for Orders of Protection are:

  • harassment
  • physical abuse
  • emotional abuse
  • reckless endangerment
  • stalking
  • assault and battery
  • sexual abuse
  • threatening behavior

Speaking Up

When abuse takes place within a family situation, the individuals who are abused are sometimes reticent to speak up concerning the abuse. There are concerns in these situations of retaliation, embarrassment, and sometimes shame. Unfortunately, if an individual does not stand up for his or her rights concerning this abuse, the abuse may get worse and lead to serious physical injury.

Types of Orders of Protection

When an application for an Order of Protection is made, the court has a level of discretion, even when granting the Order of Protection, as to what type of Order of Protection to grant. There are basically two types of Orders of Protection granted by judges. These two types are the Stay Away Order of Protection and the Refrain From Order of Protection. In the Stay Away Order of Protection situation, the individual receiving the Order of Protection receives an order that prevents the abuser from having any contact with the victim. The order will usually state a specific distance the abuser must stay away from the victim. The abuser must avoid going to the home, workplace, or other location where the victim will be present. Sometimes it is also necessary for the victim of domestic violence to also obtain an Order of Protection protecting his or her children in addition to himself or herself.

The second type of Order of Protection is a Refrain From Order. This type of Order of Protection prevents the abuser from engaging or participating in any type of behavior which would threaten the victim, harass the victim, or cause violence against the victim. This Order of Protection usually prevents the abuser from acting personally, or through third parties, with regard to harassing, stalking, or threatening the victim.

Help For Victims of Domestic Violence

divorce attorneyIf you, a friend, family member or loved one is a victim of domestic violence, the best way to deal with the situation is to immediately contact an experienced domestic violence lawyer. The lawyer can expeditiously move forward to obtain an Order of Protection and cause the domestic violence to stop.

long island divorce attorneyOn May 13, 2014, the New York State Court of Appeals (the highest court in New York State), declared New York’s criminal harassment statute, Penal Law section 240.30(1)(a) unconstitutionally vague and over broad. Under the statute it is a misdemeanor to “harass, annoy, threaten or alarm” another person either in writing or verbally if it was “likely to cause annoyance or harm.”

In writing for the state’s highest court, Judge Sheila Abdus-Salaam wrote a decision which stated this statute did not properly define what causing “annoyance or alarm” means and it did not specifically state what behaviors the law was referring to.

Domestic Violence Cases

This statute was primarily used in the prosecution of individuals in domestic violence cases. District Attorneys throughout the State of New York are now working to revise the aggravated harassment statute in light of this recent decision of the New York State Court of Appeals.

Kathleen Rice, the Nassau County District Attorney, who is currently the President of the State District Attorney’s Association said stopping harassment is one of the top priorities of the district attorneys looking into this statute. She stated “we ‘will work with the legislators to craft a new law that will help protect victims by filling the statutory gap left by the court’s decision.’”

No Statute to Protect Victims

Domestic violence advocates are concerned that without the aggravated harassment statute, victims of domestic violence will be at risk. Amy Schwartz, the senior staff attorney with the Empire Justice Center in Rochester, stated “one of the more commonly enumerated family offenses” with regard to those individuals seeking orders of protection from the family court deal with the aggravated harassment statute.

New York State Assemblyman Joseph Lentol, the current chair of the Assembly’s Codes Committee, is working with his counterparts in the New York State Senate to help rewrite this statute. He stated “we are currently working with and awaiting input from domestic violence prosecutors across the state and how to legislatively address the issues that have arisen with regard to this case.”

Domestic Violence, Active and Inactive

There are two types of domestic violence, one physical and the other mental. Can emails and discussions between individuals that don’t contain threats, amount to aggravated harassment and be the basis for domestic violence allegations? Let’s see what the New York State Legislature does.criminal defense on Long Island

criminal defense attorneys on long islandCarl M. Perry had an order of protection against him.  This order of protection from the Family Court in Monroe County indicated he was to have no contact with his wife.  It further ordered, he was to stay away from his wife.

During the period of the order of protection, Carl gained access to his wife’s Facebook account.  He sent out letters to friends and family on his wife’s friends and family list.  In these letters he complained that his wife was using the parties children against him.  He further indicated that she was preventing him from seeing or communicating with his children.  Mr. Perry was charged with criminal contempt for violating the order of protection that barred him from having contact with his wife.

Justice DiSalvo, sitting in the Webster Town court, dismissed the criminal charges against him.  The Justice stated in his decision “changes in technology, including the way people communicate, continue to present unique challenges to the courts. As of the date (April 7th) of this decision there were no reported cases of people charged with violating an order of protection for accessing Facebook.  One must look for cases where defendants are charged for indirectly contact a protected person by making statements to others.”  The court further held, that there was nothing in the order of protection that prevented him from accessing the Facebook account.

The court held that by communicating with individuals through Facebook he was not either directly or indirectly trying to contact Ms. Perry.  The court further stated, the order of protection did not prevent the defendant from having contact with individuals that happen to be listed on Ms. Perry’s Facebook account.  It also did not prevent him from having contact with family, friends or acquaintances.


This is a win for Facebook.  If you have an order of protection against you can still communicate with third parties through Facebook provided the order of protection doesn’t specifically mention no contact through Facebook accounts.assistance in criminal court matters

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Firm of Elliot Schlissel have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

The United States Supreme Court recently ruled that laboratory technicians  will have to testify regarding lab tests for such tests to be accepted into  evidence. This will create significant problems for the Nassau County  District Attorney’s Office.

Nassau County Crime Lab Closed Since February

In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.

Presenting Laboratory Evidence

The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.

Criminal Defense Lawyers

Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.

Long Island and New York City Criminal Defense

The law office of Elliot Schlissel represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimesviolent crimes, white collar crimessex crimes, weapons possession, driving while intoxicated (DWI)shopliftingburglaryjuvenile offensesassault and batterydomestic violencedrug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

The financial crisis in the United States is causing tension within families. Financial problems can be the cause of a divorce. In most marriages the family home is the largest asset. The decline in home values over the past three or four years has resulted in many homes being worth less than the mortgages on them.

Postponing Divorce

Recent studies have shown that nearly a third of all couples who considered divorce have postponed their divorce plans due to financial problems.

Divorce and Real Estate Issues

What do you do with the house in the divorce? Who stays in the house? Who is responsible for paying the bills on the house? These are significant issues that must be dealt with.

Living Together Until Financial Problems Can Be Dealt With

One choice for couples who don’t get along is to continue living together, but not as man and wife. These couples live together with the hope that their financial situation will improve and they will be able to sell their home and get their equity out of it. However, there is no sign the real estate market is improving throughout the majority of the United States. Furthermore, there is always a question as to whether living with someone you don’t get along with creates a negative environment for the children or will result in domestic violence.

Are the Mortgage Payments Behind?

If the mortgage payments are behind, the unhappy couple will eventually be receiving a foreclosure notice. Is it better to sell the house now or wait until it’s sold in foreclosure?

Modern Divorce

Divorce can be a contentious issue or it can be negotiated. The best solution for couples that don’t get along is for them to sit down with attorneys and negotiate in a mature, amicable manner, in either a divorce settlement or separation agreement. This will help avoid the acrimony and high cost of litigation.

New York and Long Island Divorce Lawyer

The law office of Elliot Schlissel have been handling divorces in the Metropolitan New York area for over 33 years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce groundsno fault divorcechild custodymothers’ rights, fathers’ rightschild supportdownward modification of child supportspousal maintenance (alimony)and domestic violence issues. In addition, we negotiate separation agreementsprenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

Mrs. McCloud was released from jail three months early to have a heart transplant. She ignored the advise of her doctors to stop smoking. She now either has to stop smoking, pursuant to the order of Judge Francis D. Ricigliano, or go back to jail!

Nassau County District Judge Francis D. Ricigliano told Diane McCloud that she must stop smoking. She also must submit to drug testing and she must comply with her doctor’s requests.Ms. McCloud had been jailed after being convicted of taking $4,000 in merchandise from a Target store located in Westbury, New York. While she was incarcerated, her health went down hill. Her doctors determined she had less than six months to live. Justice Ricigliano felt sorry for Ms. McCloud and released her from jail, under the condition that she take all necessary steps suggested by her physicians to obtain a heart transplant.

Ms. McCloud’s physician, Janjay Doddamani, the chairman of the cardiology department in Nassau County University Medical Center, contacted Judge Ricigliano. He advised the Judge and the District Attorney’s office that Ms. McCloud had not been cooperating with him.

Ms. McCloud was brought back before the court. Judge Ricigliano made it clear that, unless she complied with her doctor’s requests to stop smoking, he would send her back to jail and she would not have the opportunity to receive a heart transplant. Hopefully she is complying to the Judge’s order.

Criminal Defense Lawyer

The law office of Elliot Schlissel represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

New York City jails tape all phone calls made by prisoners, with the exception of calls to doctors and lawyers. Prosecutors have been using these tapes against these prisoners. More than 8,200 calls were taped last year in New York City jails. The largest number of taped phone calls were used in domestic violence cases.

Domestic Violence

Men charged with assaulting and beating their wives and girlfriends seem to be blabber mouths. “I need you to prepare the kids to start lying” was stated by one man to his girlfriend on one of these taped conversations. In another case, the prisoner told his girlfriend, “whatever you do, do not speak to the District Attorney.”

Scott Kesler, the Bureau Chief in the Queens District Attorney’s office, stated the records “revolutionized the way we were able to proceed against men in domestic violence cases.” Mr. Kesler stated that we now have to ability “to prove what we’ve always suspected, which is that defendants in domestic violence cases are in constant contact with their victims and they utilize the phone system to intimidate their victims and refuse to cooperate in their prosecution.”

Orders of Protection

In virtually all domestic violence cases, the abused individuals are given orders of protection preventing the abuser from having contact with them. These jail house calls are in violation of the court ordered orders of protection and constitute a crime in and of themselves.  In one case in Kings County, the abuser called the victim 1,200 times while he was incarcerated. Sometimes the victims are so traumatized by these phone calls that they refuse to cooperate with the prosecutors. In these situations, the District Attorneys office can utilize the recordings to explain why the victims are refusing to testify.

In a case involving Mohammd Khan, who was charged with stabbing his wife in the head and shoulders with a meat cleaver, the wife testified she did not remember who her attacker was. The recordings showed that Mr. Khan had engaged in a campaign of coercion against his spouse. Prosecutors were able to introduce her statements made in the hospital during the course of the proceedings against Mr. Khan. Mr. Khan was convicted and eventually sentenced to 7 to 10 years in prison.

Fathers’ Rights Lawyers

If you are arrested, it is generally not in your interest to speak about the alleged crime you have committed. The fathers’ rights lawyers at the law office of Elliot Schlissel represent fathers concerning the following matters related to divorces and family court proceedings: orders of protection; child custody; child visitation; child support; spousal maintenance (alimony); child abuse; child neglect; CPS and ACS cases; paternity and equitable distribution; negotiating separation agreements, pre-nuptial and post-nuptial agreements. Feel free to call us for a free consultation. We can protect your rights.