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I have been Summoned to present in court and also received

an order of protection. The allegations...
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?
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Answered in 16 minutes by:
10/1/2012
Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
Verified

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

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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
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Customer reply replied 5 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!


 


 

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
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
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Customer reply replied 5 years ago


Thank you! that was very helpful

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
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
Verified
Robert and 87 other Family Law Specialists are ready to help you
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