FAQs: Legal Services
- When you speak to an attorney at Day One, the conversation is confidential. This means that the attorney cannot share anything discussed in the conversation with a third party–including your parents–without your permission.
- You do not need parental/guardian permission to speak to an attorney at Day One, and your parent/guardian does not need to be on the call or in the meeting unless you want them to be present.
- The attorney will ask you for your basic demographic information (name, age, etc.) and then will talk with you about why you reached out to Day One.
- The attorney will ask and answer questions, give you legal information or advice, and make referrals if appropriate. Whether we can represent you in court depends on a lot of different factors, including how many cases we already have at the time. Your speaking with an attorney does not mean we will immediately open a legal case.
- Yes! Our attorneys have been working off site since March and have been providing advice and assistance to clients. All of our attorneys have phone numbers and emails for you to get in touch with them.
- As of August, 2021, our physical office remains closed (except for urgent matters). If you think you may need to meet with an attorney in person, they can discuss that option with you.
- As of January, 2021, NYC Family Courts are still mostly closed to in-person operations. However, some judges are having people come in for court appearances. You can also make an appointment with the court to pick up records, orders, and other documents.
- Lots of things are happening virtually, like initial appearances for new order of protection cases and conferences for cases that were filed before the pandemic. The court and/or your lawyer should keep you updated about any electronic or in-person appearances.
- As of January, 2021, courts are still accepting emergency filings. That means you can still file for orders of protection and emergency motions about cases that are already before the court.
- As of January, 2021, you can submit a new petition for custody, visits, or child support but it may take a while before you get papers or a court date.
- It’s a document you can get from a criminal, family, or supreme court that can tell the person who has been abusive to you to stay away from you, not to communicate with you, and other things. It is also referred to as a restraining order or a protective order.
- If someone has been abusive towards you, and you feel unsafe, getting an order of protection might be a good idea. However, sometimes it may make things more unsafe or trigger the person to file something against you. An attorney can give you advice about the pros and cons of filing for one.
- There are two main ways to get an order of protection against an intimate partner: (1) File a police report, and if the person is arrested and charged with a crime, then the Criminal Court will likely issue one; or (2) File a Family Offense Petition, which is a document that tells the Family Court what happened and why you are seeking protection. Attorneys at Day One can answer your questions about orders of protection and may be able to help you file for one.
- If your abusive partner goes to the same school as you, there are some ways you can get a document through the school that prevents that person from contacting you.
- Day One has created a guide on orders of protection that can be found here.
- It depends. The court decides whether to issue an order. If it does, the first order will be temporary for the duration of the case.
- In Family Court, parties can agree to have a final order be entered for a maximum of two years.
- In some cases, a Family Court judge can also make a special finding and decide to issue an order of protection for up to five years.
- In Criminal Court, the order length usually depends on the facts of the case and the type of crime(s) the person has been charged with.
- Child custody is not only about where your children live, but also about who has the power to make decisions about them. This can include decisions about schooling, health care, religion, and many other things. Day One has created a guide about custody that can be found here.
- There are a number of factors to consider, including your relationship with the other parent, safety concerns, and whether a court order includes rules about what visitation will look like. You should speak with an attorney about your options.
- Courts often encourage relationships between children and their parents. However, those visits can be restricted in a number of ways if the court thinks it is necessary or appropriate, particularly if there is a history of violence in the home or between the parties. You should speak with an attorney about whether filing for custody is the right choice for you at this moment.
- Is the other parent legally established as your child’s parent (listed on the birth certificate and acknowledged paternity, or declared as a parent through a paternity case)? The court will only require child support after someone is legally established as a parent. You should talk with a lawyer about the pros and cons of filing a petition to establish paternity.
- If the parent is established by law already, then they’re only required to give you money if the court makes an order, and they’re only legally required to pay you starting from the day you file a petition asking the court to order child support.
If you need help, you can call our confidential helpline at 800.214.4150 or send us a text message to 646.535,3291. You can also contact us online.
Legal Disclaimer: Day One provides the legal information on this website for informational purposes only. The information does not constitute legal or professional advice. Using our site does not mean that Day One is or will be your attorney. No visitor to this site should act or refrain from acting based on anything they view on the site or outside links without seeking legal or other professional advice. Please contact our attorneys if you have any questions or would like to discuss anything you see on this site.