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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have an order of protection against me, stating that I have

Customer Question

I have an order of protection against me, stating that I have molested my 1 year old daughter and physically and mentally abused all 3 of my children and my wife. These are false accusations, how do I fight them since I can't fund a lawyer
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. Please tell me this Protection Order is in the temporary stages? Was it issued at the request of the District Attorney? Are there criminal charges pending?
Customer: replied 1 year ago.
The court date are on the 24th of May, there are no criminal charges as of yet, however the sheriffs deputy said that the judge can choose to put out a warrant for my arrest at anytime. It was stated as an Emergency Order of protection because she said she felt like she and the kids were in danger.
Expert:  Samuel II replied 1 year ago.
Thank you.So your goal at this time is to stop the Temp Order from becoming permanent. And with these type of allegations it will not be easy without a local attorney. However, at the time of the hearing you must appear. If you do not appear, the order will be made permanent in default. At the hearing you are going to have to let her talk. I suggest, you do not respond to her, do not look at her or give the court any indication that you have done what she is going to state you have done. I suggest when it is your turn to talk you should only speak directly to the judge. You will need to discredit her accusations. So you should ask for medical reports of any physical abuse that has been reported about the children.
Expert:  Samuel II replied 1 year ago.
You also will want to request any police and/or medical reports concerning the abuse she is claiming. This is the only way you can discredit her accusations.
Expert:  Samuel II replied 1 year ago.
In the end, it is possible the court will make the order permanent, at least until her accusations are investigated by the District Attorney. A judge is always going to act in the best interest of the children and will err on the side of caution.
Expert:  Samuel II replied 1 year ago.
In any case, you can request the court allow you to enter the home to get your personal needs for every day living.
Expert:  Samuel II replied 1 year ago.
You certainly could be charged but the DA would need to investigate. Note that you are under no legal obligation to talk to anyone about these accusations. SO if the police or the DA want to question you, you can decline and state you are seeking legal counsel.
Expert:  Samuel II replied 1 year ago.
I suggest you should at least consider consultation with a local criminal defense attorney as these are very serious allegations. If you are charged, and have no assets and cannot afford a private attorney you could be eligible for help by the Public Defender.
Expert:  Samuel II replied 1 year ago.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.