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Ellen, Lawyer
Category: Criminal Law
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Experience:  25 years of experience helping people like you.
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I live in Walworth NY. My legally separated wife swore out

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I live in Walworth NY. My legally separated wife swore out an "Order of Protection" against me. She claims I made threats against her and my child. That is untrue, although police were called after I showed up drunk to the house I pay for and they primarily reside in only to find she had a man spending the night. No physical contact was made. I attempted to go to sleep on the couch but that didn't happen obviously. What can I do to get the order lifted immediately prior to the 3 weeks when the hearing is scheduled, even to have phone contact with my son?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Ellen replied 8 years ago.

There appears to be nothing that you can do prior to the hearing.

A temporary order of protection is based only on the paperwork submitted by the person requesting it to be issued. If the paperwork indicates a reasonable fear of harm, the order is granted. You will have the opportunity to be heard at the upcoming hearing.

Since the outcome of the hearing may directly effect your ability to have visitation with your son, you will want to be represented by counsel.

Good luck.
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