How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Robert Your Own Question

Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience:  I am a licensed Attorney.
62978293
Type Your Family Law Question Here...
Robert is online now
A new question is answered every 9 seconds

I have been Summoned to present in court and also received

Resolved Question:

I have been Summoned to present in court and also received an order of protection.
The allegations are false. Is there anything I can do about it? Appeal? what is the procedure to do so?
I had planned a tip outside the country before I received this can I still go away? I am returning before the day I have to be in court.
Finally how does this affect my record?
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.

I'm sorry to hear you are going through this difficult time but I can help.

If you have received a temporary order of protection then it will be effective at least until your hearing date. If you haven't had a hearing then this is likely the kind of order you have received and you will simply need to abide by the order until the hearing date, show up for the hearing, and explain why the protective order is not legitimate (be prepared to convince the Judge that the allegations made against you are false; this can usually be done through having someone that was present at the event testify on your behalf although sometimes all you have is your testimony if nobody else was present).

If the order of protection was issued by the Family Court then the order should be confidential because all Family Court Proceedings are confidential in New York. Further, such Family Court orders of protection are not added to your criminal record.

As long as the order does not prevent you from leaving the state and you intend to return for the hearing then you have nothing to worry about. You should feel free to go on your vacation but do not miss your court hearing because that could cause the order to by made permanent until you can challenge it (which will realistically required the assistance of a legal professional).

 

You may also find the following link helpful:

 

http://www.inmotiononline.org/assets/pdfs/TheBasicsSeries_English/Orders_of_Protection_in_NYS.pdf

Expert:  Robert replied 2 years ago.
Hi Claudio:

I noticed you have viewed my answer but you have not asked me to clarify anything and you have not rated my answer positively. Is there a portion of your question that I have not answered? I am glad to help if you need further clarification, otherwise, please remember to rate my answer positively.

Thank you and enjoy your vacation!



Robert
Customer: replied 2 years ago.

Just a few more clarifying questions:


If the judge accepts allegations will this become criminal? or is this only about the order of protection?


Allegations are physical and psychological abuse, stealing money and stalking. How does she have to prove this?


The allegations were made after we consensually separated and after I left the common residence, in the clearly intent to stay at the leased apt and to hurt me after the separation.


Do I need representation for the hearing?


Is there anything I can do before the hearing to protect myself?


 


Thank you so much for your help!


 


 

Expert:  Robert replied 2 years ago.
If the order of protection was issued by the Family Court then, even if the order of protection is sustained and made permanent, it will still remain confidential and a family court order rather than criminal (it will not become criminal unless criminal charges are brought against you). Basically, it is only about the order of protection if that's all the notice indicates.

She must prove those allegations by a "a preponderance of the evidence" which means there must be more evidence favoring her allegations than favoring your defense. If all she has is her testimony, and no other evidence, then your testimony that the allegations are untrue should be enough to prevent her victory in the matter as long as the Judge is convinced of the legitimacy of your testimony.

While every individual is generally entitled to represent him/herself in the court of law, it is usually a good idea to seek the representation of a legal professional (Attorney) if you are not comfortable with the legal process (most that do not specialize in law are not comfortable doing so). However, if she made up allegations then it's likely you will be victorious as long as you present evidence that convinces the Judge that her allegations are false. If you were somewhere else when she alleges something happened then prove that you were at a different location. If she makes allegations that she has no other evidence of other than her testimony then point out to the Judge (when it's your turn to speak) that she has no evidence other than her testimony and deny such allegations.

Other than preparing your evidence and argument (think about what you will say obviously) you should simply makes sure to abide by the protective order until it is terminated at your hearing.

I hope this has helped and I wish you all the best!
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
Robert and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.


Thank you! that was very helpful

Expert:  Robert replied 2 years ago.
You are most welcome and it was a pleasure to assist you.

If you ever seek my assistance in the future you may go to the following link to submit a question directly to me:

http://www.justanswer.com/law/expert-askrobert

Thank you and take care!
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
Robert and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Robert
Robert
Family Lawyer
1412 Satisfied Customers
I am a licensed Attorney.