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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I have the unfortunate luck to be involve in a order of protection

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I have the unfortunate luck to be involve in a order of protection dispute ( we have one aginst each other ) the main argument in the petition against me are false allegations which were filed against me in November 2011 and I proved they were FLASE and the other party had to issue a notarized affadavidt to the NYPD and the district attorney admitting that the statement was false. so as if getting now dragged into family. court on the exact same charge. by this person again is not bad enough- I am having to oay hefty legal fees to an attorney but meanwhile the other party ( who is on welfare) has free legal counsel from legal aide HOWEVER I have receipts that prove that the other party recently inherited $14,000.00 in march of this year IN ADDITION TO THE PUBLIC ASSISTANCE - I have a huge problem being twice accused of the same false statement and a huge problem that the court doesn't check into the financial background of the petitioner / we have prepared a motion to dismiss which based on all the law looks pretty good it might happen but could I also get the case dismissed on fraud? or get the judge in TROUBKE for not checking into this oersons financial status? and why the hell isn't my own attorney catching this red flag
Submitted: 10 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 10 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Unfortunatley the issue with legal aid and the ability to afford an attorney are not "substantive" issues regarding the case or controversy. The false statement made in the past, if nothing new has happened since then, and she's making the exact same false claim that she made in the past (that is, the claim is of the same date, location, etc... not a similar occurrence) that could be used to get it dismissed. But any false statements made to legal aid about finances do not actually affect the facts and circumstances surrounding the case for an order of protection.

ScottyMacEsq :

That is, the judge could consider that as evidence of her truthfulness, and any issues regarding finances (such as alimony, child support, etc...) could consider these funds. But because they don't relate to the "heart" of the case (the order of protection) they're only, at best, XXXXX XXXXX issue. The judge won't step in and say that the method of paying (or having someone else pay for) an attorney is faulty, because that doesn't affect the underlying case.

ScottyMacEsq :

And as such, since it doesn't actually affect your case, your attorney wouldn't need to catch this red flag (again, unless it helps establish that she's less than trustworthy....). It's not a basis to get the entire case dismissed, because it doesn't deal with the underlying case or controversy.

ScottyMacEsq :

Now Legal Aid could have a case against her for fraud (since Legal Aid would be the injured party in such a deception), and could drop her. I would suggest contacting them and letting them know that she received an inheritance, and then the ball would be solely in their court to do something about it. Only they would have "standing" to complain about this.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11212
Experience: Licensed Texas General Practice Attorney
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