Family Law Questions? Ask a Family Lawyer Online.
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:
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!
Thank you! that was very helpful