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October is Domestic Violence Awareness Month, a time to recognize survivors and make sure people know where to turn for help. If a partner or family member is abusing you in New York, the law gives you ways to protect yourself and your children. One of the most important is an order of protection.If you are in immediate danger, call 911. For free, confidential support 24 hours a day, call the New York State Domestic and Sexual Violence Hotline at 1-800-942-6906, text 844-997-2121, or chat at opdv.ny.gov. In New York City, you can also call 1-800-621-HOPE (4673) or 311.<h2>What is an order of protection?</h2>An order of protection is a court order that limits what another person can do. Depending on the situation, it can require the person to:<ul><li>Stay away from you, your home, your workplace, or your children's school</li><li>Stop calling, texting, or contacting you in any way, including through other people or social media</li><li>Move out of a shared home</li><li>Refrain from harassing, threatening, or harming you</li><li>Surrender firearms</li></ul>Violating an order of protection is a crime, and police can arrest someone who violates one.<h2>Family Court or Criminal Court?</h2>In New York, you can seek an order of protection in Family Court, in Criminal Court, or in both at the same time.<ul><li>Family Court: You start the case yourself by filing a family offense petition. You do not need a police report, and there is no filing fee. Family Court is available if the other person is a current or former spouse, someone you have a child with, a relative by blood or marriage, or someone you are or were in an intimate relationship with.</li><li>Criminal Court: If the police make an arrest, the District Attorney prosecutes the case, and the judge can issue a temporary order of protection while it is pending.</li></ul><h2>How the Family Court process works</h2><ol><li>File a family offense petition. You can file in the Family Court for the county where you or the other person lives, or where the abuse happened. Describe what happened in as much detail as you can, including dates and any threats.</li><li>See a judge the same day. The judge can issue a temporary order of protection right away.</li><li>Have the papers served. The temporary order takes effect once it is handed to the other person. The court will explain how to arrange service, which can include service by the police.</li><li>Return to court. At later court dates, the judge decides whether to issue a final order of protection. A final order generally lasts up to two years, or up to five years if the court finds aggravating circumstances.</li></ol>Your petition can also ask for temporary custody, visitation terms, or child support while the case is pending. Longer-term custody and support arrangements require separate petitions.<h2>You do not have to do this alone</h2>Both sides in a Family Court family offense case have the right to an attorney, and the court will assign one if you cannot afford it. An attorney can help you write a clear petition, ask for the protections you actually need, and handle related custody or support issues.At Maxwell Law Group, PLLC, we represent clients in New York Family Court and connect families with counseling and emotional support resources through our Emotional Support Family Toolkit. If you need help, contact us to schedule a free consultation.This article provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.

How to Get an Order of Protection in New York

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The holiday season is supposed to be a time for family, but for many households it also brings added pressure: money worries, more drinking, crowded homes, travel, and time off from work and school. For someone living with an abusive partner or family member, these stresses can make an already unsafe situation worse. If you are worried about your safety this season, there are steps you can take now.If you are in immediate danger, call 911. For free, confidential help 24 hours a day, call the New York State Domestic and Sexual Violence Hotline at 1-800-942-6906, text 844-997-2121, or chat at opdv.ny.gov. In New York City, you can also call 1-800-621-HOPE (4673) or 311.<h2>Make a safety plan before the holidays</h2>A safety plan is a set of practical steps you can take if things escalate. Consider:<ul><li>Identifying a safe place to go and how you would get there, including at relatives' homes you may be visiting</li><li>Keeping important documents (IDs, birth certificates, immigration papers, insurance cards, and any orders of protection), some cash, and a phone charger where you can grab them quickly, or with someone you trust</li><li>Agreeing on a code word with a friend or family member that means "call for help"</li><li>Saving hotline numbers in your phone under a name that will not draw attention</li></ul>A hotline advocate can help you build a plan that fits your situation, including plans for children and pets. Help is available in most languages.<h2>Holiday custody exchanges</h2>Holiday visitation schedules can put you in contact with an abusive co-parent. If you have concerns:<ul><li>Review your custody or visitation order now, not on the day of the exchange, so you know exactly what it requires</li><li>Consider asking that exchanges happen at a neutral, public location</li><li>If your children's safety is at risk during visits, Family Court can order supervised visitation</li><li>If you have an order of protection, bring a copy with you</li></ul><h2>If you already have an order of protection</h2>Keep a copy with you, especially at family gatherings where the other person may show up. If the order is violated, you can call the police or file a violation petition in Family Court. A violation can be prosecuted as criminal contempt.<h2>If you need an order of protection</h2>You can file a family offense petition in Family Court on any day the court is open. There is no filing fee, and a judge can issue a temporary order of protection the same day. If you need protection when Family Court is closed, call the police or the hotline about your options. Learn more in our guide, How to Get an Order of Protection in New York.<h2>We are here to help</h2>Maxwell Law Group, PLLC represents clients in New York Family Court, including family offense, custody, and visitation matters. Through our Emotional Support Family Toolkit, we also connect families with counseling and emotional support resources during difficult legal proceedings. Contact us to schedule a free consultation.This article provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.

Domestic Violence and the Holidays: A NY Safety Guide

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Holiday gatherings, money stress, and alcohol can turn a family argument into a 911 call. In New York, an arrest on domestic violence-related charges very often comes with a temporary order of protection issued at your first court appearance, sometimes before you have had any chance to tell your side of the story. That order can immediately affect where you live, whether you can see your children, and what happens next in your case.<h2>What a temporary order of protection can require</h2>A criminal court judge can issue a temporary order of protection as a condition of your release while the case is pending. There are two main types:<ul><li>Full stay-away order: You must stay away from the protected person and their home, job, or school, even if that home is also yours, and have no contact at all. That includes calls, texts, social media, and messages passed through friends or family.</li><li>Limited order (sometimes called a "refrain from" order): Contact may be allowed, but you must not harass, threaten, or commit any offense against the protected person.</li></ul>Read your order carefully. The specific terms, and the expiration date, are written on it.<h2>Follow the order exactly, even if the other person reaches out</h2>The order applies to you, not to the protected person. If they call, text, or invite you over, responding can still be a violation. Violating an order of protection can lead to a new criminal contempt charge, which can be a felony in some circumstances, and it can seriously hurt your pending case and any related custody matter.<h2>How the order affects your home and family</h2>A full stay-away order can keep you out of your own residence and away from your children. If there is also a Family Court case about custody or visitation, the two courts' orders can interact, and criminal court orders often allow for later changes by Family Court. That is why it matters to have a lawyer who looks at both cases together.<h2>What to do right now</h2><ul><li>Keep a copy of the order and know exactly what it says.</li><li>Do not contact the protected person, directly or through anyone else.</li><li>If you need belongings from a shared home, ask your attorney how to arrange it safely and lawfully, which is often done with a police escort.</li><li>Save texts, call logs, photos, and the names of witnesses that may be relevant.</li><li>Stay off social media about the case.</li><li>Talk to a criminal defense attorney before your next court date. An attorney may be able to ask the court to modify the order.</li></ul><h2>How we can help</h2>Maxwell Law Group, PLLC defends clients facing criminal charges across New York State and also handles Family Court matters, so we can help you understand how your criminal case and any custody or visitation issues fit together. Contact us to schedule a free consultation.This article provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.

Accused of Domestic Violence in NY? Know Your Order

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Between Thanksgiving and New Year's, police across New York step up impaired-driving enforcement with sobriety checkpoints and extra patrols. A holiday party, a few drinks, and a short drive home can end in an arrest that affects your license, your job, and your record. Here is what you need to know about New York's DWI laws and what to do if you are stopped.<h2>New York's impaired driving charges</h2>New York uses the term DWI (driving while intoxicated), not DUI. The main charges fall under Vehicle and Traffic Law § 1192:<ul><li>DWAI (Driving While Ability Impaired) by alcohol: generally a BAC of more than .05 but less than .08. A first offense is a traffic infraction, not a crime, but it still carries fines of $300 to $500, up to 15 days in jail, and a 90-day license suspension.</li><li>DWI: a BAC of .08 or higher, or intoxication shown by other evidence. A first offense is a misdemeanor punishable by fines of $500 to $1,000, up to one year in jail, and at least a six-month license revocation.</li><li>Aggravated DWI: a BAC of .18 or higher. A first offense carries fines of $1,000 to $2,500, up to one year in jail, and at least a one-year license revocation.</li><li>Leandra's Law: driving while intoxicated or impaired by drugs with a child 15 or younger in the vehicle is a felony.</li><li>DWAI by drugs or by a combination of drugs and alcohol is also charged under § 1192.</li></ul>A second DWI within ten years can be charged as a felony. A DWI conviction also generally requires installing an ignition interlock device in any vehicle you own or operate.<h2>What if you refuse a breath test?</h2>Under New York's implied consent law, refusing a chemical test after a DWI arrest triggers a separate DMV refusal hearing. A first refusal generally results in at least a one-year license revocation and a $500 civil penalty, even if you are never convicted of DWI. A refusal within five years of a prior DWI-related charge or refusal brings at least an 18-month revocation and a $750 civil penalty.<h2>What to do if you are arrested</h2><ul><li>Stay calm and be polite. Provide your license, registration, and insurance when asked.</li><li>You do not have to answer questions about where you were or how much you drank. You can politely say you would like to speak with a lawyer.</li><li>Keep all of your paperwork, including tickets, any DMV refusal notice, and your court date.</li><li>Write down what you remember as soon as you can: where you were stopped, what the officer said, and what tests you took.</li><li>Contact a defense attorney quickly. In many cases your license can be suspended at your first court appearance, and early action matters for both the criminal case and any DMV hearing.</li></ul><h2>Plan ahead</h2>The simplest way to avoid a holiday DWI is to plan your ride before the celebration starts: choose a sober driver, use public transit or a rideshare, or stay overnight.<h2>How we can help</h2>Maxwell Law Group, PLLC defends clients facing DWI and other criminal charges across New York State. If you or someone you love has been arrested, contact us to schedule a free consultation.This article provides general information about New York law and is not legal advice. Penalties depend on the facts of each case and a person's prior record. Reading this article does not create an attorney-client relationship.

Holiday DWI Arrests in New York: Penalties and Next Steps

Divorce With Kids and Immigration Issues: 10 Things You Should Know Before Filing &nbsp;Going through a divorce is tough enough without worrying about how it might affect your family's immigration status. When you have children and complex immigration circumstances, the stakes feel even higher. The good news? Understanding what you're facing ahead of time can help you make informed decisions that protect both your family's future and your legal status in the United States.If you're considering divorce and have immigration concerns, here are ten crucial things you need to know before filing any paperwork.1. Your Conditional Green Card Status Changes Everything If you received your green card through marriage within the last two years, you're likely holding what's called "conditional resident status." Normally, you and your spouse would file Form I-751 together to remove these conditions. But divorce throws a wrench into that plan.When you divorce before removing conditions, you'll need to file for a waiver to the joint filing requirement. This means proving your marriage was genuine from the start: not just a way to get a green card. You'll need solid evidence like joint bank accounts, shared property ownership, insurance policies listing both spouses, and statements from friends and family who witnessed your real relationship. 2. Your Children's Immigration Status Usually Follows Yours Here's something that catches many parents off guard: if your children were included on your original immigration application, their status typically mirrors yours throughout the divorce process. This connection means protecting your own immigration status becomes even more critical when kids are involved.If you received conditional residence and your children were included, they also received conditional residence at the same time. Their future often depends on successfully navigating your own immigration challenges during the divorce.3. Your Kids Can File Independently if Needed Even if you decide not to pursue permanent residence or face complications with your own case, your children aren't necessarily stuck. They can separately file their own Forms I-751 requesting a waiver from the joint filing requirement.However, they'll still need to prove that your original marriage was genuine. They might also qualify for other types of waivers, such as those based on extreme hardship if they had to return to their home country, or in cases involving domestic violence.4. Timing of Your Divorce Matters Tremendously The stage of your immigration process when divorce happens can make or break your family's future in the U.S. If you divorce before your I-130 petition gets approved by USCIS, the immigration process typically ends for both you and any children included on the application.Understanding exactly where you are in the immigration timeline before making any divorce decisions is absolutely essential. Sometimes waiting a few months can make the difference between staying in the country legally and facing removal proceedings.5. Your Path to Citizenship Just Got Longer If you already have legal permanent residence when you divorce, your green card should remain valid. However, your road to U.S. citizenship will take longer than you originally planned.Instead of being eligible to apply for naturalization after three years of marriage to a U.S. citizen, you'll need to wait the full five years that apply to other permanent residents. While this isn't the end of the world, it's important to factor this extended timeline into your long-term planning. 6. Immigration Status Won't Prevent Fair Treatment in Family Court Here's some reassuring news: regardless of your immigration situation, family courts can still award you spousal support, child custody, and child support based on what's best for your children. Your immigration status shouldn't be a barrier to seeking fair treatment in custody and support matters.Courts focus on the best interests of the child when making custody decisions, not on parents' immigration status. You have the right to fight for your children and seek financial support, regardless of your documentation situation.7. State Divorce Requirements Still Apply to You Despite your immigration concerns, you still need to meet your state's standard requirements for getting divorced. Every state has its own rules about how long you need to live there before filing for divorce, and what grounds (reasons) you can cite for ending your marriage.Don't let immigration worries make you forget about these basic requirements. You'll need to satisfy residency requirements and grounds for divorce in whatever state you choose to file in.8. You Don't Need Perfect Documentation to Start While having all your paperwork organized is helpful, don't let missing documents stop you from taking action if you need to. You don't necessarily need copies of your marriage certificate, immigration paperwork, or children's birth certificates just to initiate divorce proceedings.However, start gathering these documents as soon as possible. They'll be crucial for protecting your immigration status throughout the process and proving the legitimacy of your marriage if you need to file for waivers. 9. Different Visa Types Face Different Consequences The specific type of visa or status you hold determines how severely divorce might impact your situation. If you're in the U.S. on a spousal visa like a K-3, your legal right to stay is directly tied to your marriage. Divorce could result in losing your visa status unless you can qualify for a different type of legal status.H-4 dependent visa holders (spouses of H-1B workers) may also lose their status following divorce unless they can switch to a different visa category. Understanding your specific situation is crucial for making informed decisions about timing and strategy.10. You Absolutely Need Specialized Legal Help This might be the most important point of all: cases involving both divorce and immigration issues are incredibly complex. Mistakes can result in losing your immigration status or even facing deportation proceedings.You need an attorney who understands both family law and immigration law: and how they interact with each other. These aren't separate issues; they're deeply connected, and decisions in one area can have serious consequences in the other. Moving Forward with Confidence Facing divorce when you have children and immigration concerns feels overwhelming, but you're not powerless. The key is understanding your situation fully before making any major decisions.Every family's circumstances are unique, and what works for one situation might not work for another. Factors like your specific visa type, how long you've been married, where you are in the immigration process, and your children's ages and status all play into the strategy that makes sense for your family.The intersection of family law and immigration law is one of the most complex areas of legal practice. Don't try to navigate it alone. Getting proper legal guidance early in the process can mean the difference between protecting your family's future in the United States and facing an uncertain future elsewhere.If you're facing these challenges, remember that there are legal professionals who understand exactly what you're going through and can help you find a path forward that protects both your family relationships and your right to remain in this country.For personalized guidance on your specific situation, consider reaching out to experienced professionals who can help you understand your options and develop a strategy that puts your family's best interests first. You can learn more about how we might be able to help at Maxwell Law Group.

Divorce With Kids and Immigration Issues: 10 Things You Should Know Before Filing

SIJS Protection Lost? 7 Steps to Protect Your Immigration Status Right Now &nbsp;The ground has shifted under the feet of thousands of young immigrants in 2025. The Trump administration's decision to terminate the SIJS-based deferred action policy has created an urgent crisis for young people who thought they had a clear path to permanent residency in the United States.If you're one of the many SIJS recipients suddenly facing an uncertain future, or if you know someone who is, this isn't the time to panic: it's the time to act. The Special Immigrant Juvenile Status (SIJS) program was designed by Congress as a humanitarian lifeline for children who suffered abuse, abandonment, or neglect. While recent policy changes have complicated this pathway, there are still concrete steps you can take to protect your status and secure your future in America.Here's exactly what you need to do, step by step, to safeguard your immigration status right now.Step 1: File Your I-360 Petition Immediately (Especially If You're Approaching 21) Time is absolutely critical here. You must file your SIJS petition (Form I-360) with USCIS before your 21st birthday, even if your state allows juvenile court jurisdiction beyond that age. The recent policy changes have created what immigration attorneys are calling a "last chance" filing window: just two weeks before you turn 21 if you haven't already filed.Missing this deadline isn't just a setback: it permanently eliminates your eligibility for SIJS status, no matter what state court orders you might have. If you're 20 years old and haven't filed yet, drop everything and get this done now. If you're younger but approaching this age, don't wait. The sooner you file, the sooner you're protected under the existing regulations. Step 2: Secure Your State Court Findings Without Delay Your juvenile court order is the foundation of your entire SIJS case, and it needs to include three very specific findings:Dependency: You are dependent on the juvenile court or placed under the custody of a state agency or appointed individual Reunification not viable: Reunification with one or both parents is not possible due to abuse, neglect, or abandonment Best interests: Returning to your country of origin would not be in your best interest These findings need to be crystal clear and detailed. USCIS scrutinizes these orders carefully, so vague language or missing elements can derail your entire case. If you already have a court order but it's missing any of these findings, you may need to go back to court to get it amended.Step 3: File for Adjustment of Status as Soon as Your I-360 is Approved Once USCIS approves your I-360 petition, immediately file Form I-485 to adjust your status to lawful permanent resident. With deferred action protections now terminated, getting your green card isn't just the end goal: it's your urgent safety net.The adjustment process includes biometrics appointments and potentially an interview, but this gives you the permanent protection that deferred action used to provide temporarily. Don't wait or assume you have plenty of time. Each day without filing increases your vulnerability to removal proceedings.Step 4: Get Expert Legal Help Immediately This isn't the time to go it alone. The elimination of SIJS deferred action has created a complex legal landscape that's changing by the day. Multiple lawsuits are challenging the administration's actions, and an experienced immigration attorney can help you navigate both your individual case and understand how broader legal developments might affect your situation.Many organizations provide free or low-cost legal services specifically for SIJS-eligible youth. If cost is a concern, reach out to local immigrant rights organizations, law school clinics, or contact Maxwell Law Group to discuss your options. Having proper legal representation can mean the difference between success and deportation. Step 5: Document Everything Thoroughly With USCIS now having the authority to terminate deferred action and revoke employment authorization before the validity period expires, comprehensive documentation becomes your lifeline. Keep detailed records of:All court orders and amendments USCIS receipts and correspondence Work authorization documents and renewal applications Any communications with immigration authorities Evidence supporting your SIJS eligibility (medical records, school records, social services documents) Organize these documents both physically and digitally, with backup copies stored safely. If your case faces challenges or you need to file legal appeals, having complete documentation will be crucial.Step 6: Explore Alternative Immigration Relief Options While SIJS might be your primary pathway, it's not necessarily your only option. Depending on your specific circumstances, you might qualify for other forms of relief:Asylum: If you fear persecution in your home country based on protected grounds U Visa: If you were the victim of certain crimes and cooperated with law enforcement T Visa: If you were a victim of human trafficking Violence Against Women Act (VAWA): If you suffered abuse by a U.S. citizen or permanent resident family member An immigration attorney can assess your complete situation and identify all available pathways. Sometimes having multiple applications pending can provide additional protection while your primary case is processed.Step 7: Stay Connected and Informed About Legal Developments The legal challenges to the elimination of SIJS protections are ongoing, and the outcomes could significantly impact your case. Class-action lawsuits have been filed, and advocacy groups are fighting these changes in courts across the country.Stay connected with:Local immigrant rights organizations Legal advocacy groups handling SIJS cases Your attorney's updates on policy changes Reliable immigration news sources The legal landscape is shifting rapidly, and staying informed helps you make timely decisions about your status. What seems hopeless today might have new solutions tomorrow, but only if you're plugged into the right information networks.Critical Things to Remember Before you take action, understand these important limitations:The Parent Sponsorship Bar: Once you obtain SIJS status, you can never petition for your birth parents to immigrate to the United States, even after you become a U.S. citizen. This is a permanent consequence that affects your entire family's future immigration options.Marriage Disqualifies You: You must remain unmarried throughout the entire SIJS process. Getting married at any point disqualifies you from SIJS protection completely.Removal Proceedings: If you're currently in removal proceedings, your attorney can file motions to administratively close or terminate proceedings while your SIJS application is pending. Don't assume being in proceedings automatically disqualifies you.The Path Forward The elimination of SIJS deferred action has created an urgent crisis, but it hasn't eliminated the SIJS pathway entirely. What it has done is compressed your timeline and raised the stakes for every decision you make.If you're affected by these changes, every day matters. The seven steps outlined here aren't suggestions for someday: they're your action plan for this week. The young immigrants who successfully navigate this crisis will be those who act quickly, get proper legal help, and stay informed about their options.Remember, SIJS exists because Congress recognized that some young people need protection from the very countries and families that should have kept them safe. That humanitarian purpose hasn't changed, even if the administrative landscape has become more challenging.Don't let policy changes steal your future. Take action now, get the help you need, and fight for the protection you deserve.

Blog

How to Get an Order of Protection in New York

Domestic Violence and the Holidays: A NY Safety Guide

Accused of Domestic Violence in NY? Know Your Order

Holiday DWI Arrests in New York: Penalties and Next Steps

Divorce With Kids and Immigration Issues: 10 Things You S...

SIJS Protection Lost? 7 Steps to Protect Your Immigration...