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Peter Christopher Lomtevas
Peter C. Lomtevas, Esq., P.C.Badges
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Summary
Peter Lomtevas is a licensed family law attorney specializing in divorce, child support, and child custody cases in Brooklyn and the New York City region. A graduate of The Kew Forest School, Hofstra, and Touro College Law Center, Peter is also a member of the New York State Bar Association. He is a distinguished and honored military veteran who proudly served his country for more than ten years. Education • The Kew Forest School, 1966 - 1978 • Hofstra University, 1978 - 1981 • Touro College Law Center, 1993 - 1996 Civilian Awards • Distinguished Public Service Award, 2006: Brooklyn Borough President • Businessman of the Year, 2006: National Republican Congressional Committee • Conspicuous Service Medal, November 15, 2007: Serphin Maltese Admissions • US Supreme Court • US Court of Claims • US Court of Appeals for the Armed Forces • US Court of Appeals for the D.C. Circuit • US Court of Appeals for the Second Circuit • US District Court, Northern District Florida • US District Court, Eastern District New York • US District Court, Southern District New York • Georgia (Inactive) • New York • Airborne School, Fort Benning, Georgia, 1981 • Infantry Officer Basic Course, 1982 • Infantry Mortar Platoon Officer Course, Fort Benning, Georgia, 1982 • US Army Berlin Brigade July, 1982 - May, 1985 • Infantry Officer Advanced Course, Fort Benning, Georgia, 1985 • Fort Dix, October 2, 1985 - March 23, 1989 • Combined Arms Services Staff School, Fort Leavenworth, Kansas, 1987 • The University of Delaware Army ROTC, August 14, 1989 - July 1, 1993 • Air Assault School, Fort Belvoir, Maryland, 1991 Military Career and Achievements Airborne School, Fort Benning, Georgia, 1981 Infantry Officer Basic Course, 1982 Infantry Mortar Platoon Officer Course, Fort Benning, Georgia, 1982 US Army Berlin Brigade July, 1982 - May, 1985 Infantry Officer Advanced Course, Fort Benning, Georgia, 1985 Fort Dix, October 2, 1985 - March 23
Practice Areas
- Appeals & Appellate
- Business Law
- Divorce
- Domestic Violence
- Family Law
Additional Practice Area
- General Civil
Fees
- Free Consultation
- Credit Cards Accepted
Visa, Mastercard, American Express and Discover - Rates, Retainers and Additional Information
Fixed fees for most cases. An hourly fee of $300 is available. Pro hac vice representation slightly more.
Jurisdictions Admitted to Practice
- EDNY/SDNY
- Georgia
- New York
- 2nd Circuit
- D.C. Circuit
- U.S. Supreme Court
Languages
- Russian: Spoken, Written
Professional Experience
- Owner
- Peter C. Lomtevas, Esq., P.C.
- - Current
- Independently owned and family operated family law office specializing in child custody, child support, divorces, post judgment and appellate practice. Also specializing in criminal defense.
Education
- Touro College
- J.D. (1996)
Awards
- Distinguished Public Service Award
- Brooklyn Borough President
Professional Associations
- New York State Bar # 3046414
- Member
- - Current
Websites & Blogs
Legal Answers
14 Questions Answered
- Q. My family and children are being targeted by child protective services and a private citizen can you help
- A: No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system with its federal payment stream. CAPTA provides such a stream and there are courts set up to absorb that money. CPS is paid by the federal statute called 'CAPTA', a Jimmy Carter/Walter Mondale product in the 70s. This means that if your neighbor, parent, enemy or unknown stalker wants to royally screw with you, all he has to do is use government organs. The foremost in our nation today is the child protective apparatus. All the third person needs to do is call in a report and the harassment and annoyance begins and does not stop. Caseworkers come out and intrude in your life, inspect your home and take your kid. So the lesson learned in today's America is you never pull an attack on someone yourself. You'll be arrested. Instead, you maneuver a government agency against someone and that will do the trick. You may be a victim of this "swatting" procedure. "Swatting" means a neighbor calls in a 'swat team' to storm your home on an allegation that you have bombs in your kitchen. It's a knee-slapping good time and the third person is anonymous even to the call center that dispatched the team. There is no guarding against this unless you have the money to live in a premier neighborhood where people don't pull these stunts on one another.
- Q. Can I write my baby father in jail if I have an order protection on him?
- A: I strongly urge you do not even though there is no prohibition. Do not cause him to respond to you thus violating his order. He has to stay away and not contact you and you should do the same.
- Q. What happens if your on probation for domestic violence and you get charged with the same offense again
- A: You will likely have your probation revoked. You'll be remanded to jail ad you'll be arraigned on the new charges - typically a felony violation of an order of protection and any other crimes against the protected person that she wishes to raise. The well never runs dry. Many men, especially foreign men, believe they remain the 'husband/father' after arrest and prosecution that despite a stay-away order of protection, simply phone the wife to chat as if nothing happened. Unfortunately, like a monkey with a new set of eyeglasses, courts want to squeeze every case into the same hole. The man is now a suspect and is no longer the head of the household. The stay away order of protection means the man must stay away from his family no matter what. Even if the woman calls on the phone, the man must treat the call as set up for a further arrest (usually for kicks). It is this misunderstand of domestic violence law and a reliance on a sense of 'justice' that the men never committed any crime that these cases are repeating. After a further criminal prosecution, the other parent will take pains to isolate your kids from you if you have kids with her. This will arise in the form of a family court custody proceeding or a divorce if you are married. Eventually you'll realize that interpersonal relationships are criminalized and you'll choose more carefully who you allow into your circles.
- Q. Hello, What paper work need to be filed to remove law guardian due to conflict of interest in custody case in NYS?
- A: You'll need a motion to relieve the LG. Assigning an LG to a regular custody case (V Docket in family court or divorce court) is not statutory and is at the court's discretion. Courts routinely abuse their discretion, for example when they assign an LG to an inarticulate (infant) child or assign one to a teenager. The issue you bring up that the LG represented your ex in a prior case is not enough information. If that was a custody case, then you have a point. However, if that was an unrelated case, then you do not have a point. Lawyers can represent clients/kids in different cases, and this LG representing the child having once represented the mother is not in an of itself a basis to relieve the LG. However, if you can show that the interests of the child and mother divert, then you may have a point to relieve the LG. Nonetheless, I imagine you'll need a top notch explanation of your suicide attempt. That can impact you adversely in a custody matter where it will be alleged that you are a danger to the child because of what you attempted. Getting rid of the LG may only make matters worse with a worse LG.
- Q. We have everything joint (house, bank accounts, etc). I am worried about this. I am considering a trial separation
- A: Very many people engage in divorce planning which includes having places to escape to when cops are called, separate bank accounts, accommodations for children when the balloon goes up and so on. In your case, you have apparently done nothing to divorce-proof yourself. So you'll enter into an environment of smoke and mirrors in a divorce court. Your assets will be divided "equitably" which means "fairly" -- whatever that means. Kids will be shoehorned into one parent's custody and all property will be divided -- whatever that means. Your rights include getting a fair split but don't expect fair proceedings. Disclosure is hit or miss in our courts. The court may load on professionals who will bill you separately from your attorney. All of your personal information will be exposed for all to see and opine on. It will not be a pleasant experience.
- Q. How can I get relief from arrears if all children are in my custody?
- A: You cannot get relief from arrears unless the child support recipient consents to waive arrears. Essentially, the court was forced to abdicate its authority in imposing and then vacating arrears in child support (the Bradley Amendment). This empowers the mother to decide whether she will keep or give away her arrears. This causes the problem you now face of having to support all your kids and at the same time having to disgorge money to the mother and face all of the ridiculous collection procedures to include loss of licenses, garnishments of bank accounts, loss of passport, attachment of your property to include your automobile and all the theory stuff.
- Q. Can a child become emancipated at 16 and live with their non custodial parent
- A: In most states, a sixteen year old decides where he will park himself. When that happens, run to your family court and file a petition to terminate support and to impose support on the other parent (F Docket). That other parent will now feel the benefits of government intervention in her life.
- Q. Approaching one year since my custody modification trial is over. Judge still in reserve decision
- A: Go to your family court's clerk's window and ask whether an order was entered. Have your docket and file numbers with you and picture identification. It may be that the clerk did not know where to send your order. However, it may have been a dismissal because nothing has changed in all this time.
- Q. Am I responsible for my adult child's criminal defense for a matter that occurred at college?
- A: No. Your ex is pulling your leg.
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