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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23534
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Temporary order of Protection from my married wife ( who

Customer Question

Temporary order of Protection from my married wife ( who lived with me only on weekends ) against me. She claimed I hit her but I have a police report in which I called the police because she had hit me.
She claimed I threatened to call the police to have her deported to Colombia. (She came to USA illegally). This allegation is unfounded and a lie. However, I did tell her that going through my cell phone by unlocking my password ***** illegal, and that I would call the police.
Nevertheless, I did text her and use indecent language in what she described as a marathon texting one day.
She did call me after the marathon texting to tell me that she had enough evidence to prove that I am a bad person. I asked her what about the time two summer's ago when she punched me all over my face, and I dud nothing? She said I cannot prove that in court, and laughed. Two days before she called I sent her a US Immigration link which would help her get a green card without my help if she can prove
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced New York State criminal lawyer.

Have you been charged with a criminal offense or is the temporary order of protection a Family Court order? If you have been charged, what is the charge?

What is the question that you wish to ask?

Customer: replied 1 year ago.
It is a Family Court Order. I have not been charged
Customer: replied 1 year ago.
I would like to have it dismissed, in the I was not a threat and an Order of Protection was not appropriate. She claimed stalking but I have never stalked her. She comes to visit me. I haven't been to her apartment in more than a year. I only gave her a lift home or picked her up seldomly upon her request.
Expert:  Zoey_ JD replied 1 year ago.

That's good that she went for a family court rather than a criminal order. You'll have a hearing, the purpose of which will be for her to try to convert the order into a permanent order. The order you've been served with should tell you what she is alleging against you, and those are the facts that the hearing will be dealing with.

She will get an opportunity to show evidence -- your texts, for example, witnesses, her own testimony, whatever she has -- to show why she needs a permanent order of protection. Then you will get an opportunity to use whatever evidence/testimony you have to show that you are no threat to her and that she does not need a protective order and that the order should be lifted and the matter dismissed.

When both sides are finished the judge will rule and either lift the order of protection if you win, or grant the permanent order if your wife wins.

Here's a good overview of the general process.

If she doesn't show up for the hearing you can ask for the order to be dismissed. If you don't show up but she does, she will automatically get the permanent order.

There's no need for you to have a lawyer, but if she's got one, then it would be a good idea for you to have one too to level the playing field.

I'll be happy to answer any follow ups if you have further questions but will be turning in for the night shortly. If I can't answer again this evening I will do so in the morning. You don't have to sit at the computer and wait for me, as you will get an email indicating when I've responded.

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