QUESTION

False accusations in a temporary order of protection has been placed against me.

Asked on Dec 06th, 2013 on Family Law - New York
More details to this question:
I need help with a situation I'm going through. Back in early August of 2013, a man who once dated my mom but mother had been deceased since February of 2013, was given verbal warning that he must vacate the premises because he had stolen money from our household and caused endangerment to a child I currently hold in my custody. On October 08, 2013.. after he failed to vacate the premises was involved in a very heated argument and was put out of the apartment. He has since then been trying to come into our home drunk and belligerent and comes to our place of residence everyday for almost two months now stalking our family and my 14 year old he seems to have a fixation on. I attempted to file a police report but was told that because nothing physical or violent happened they couldn't do anything for me. On December 4th, 2013, I calmly asked him to take a notarized letter to the landlord to remove himself off of the lease because we were in danger of losing our subsidy and quite possibly our home. He then went to the courts and made a bunch of accusations against me that we not true and I was served with an temporary order of protection against ME. How do I defend myself and my family against this man?
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2 ANSWERS

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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You defend yourself by hiring an attorney to appear on your behalf (and with you) at any hearing regarding the allegations. The TOP will be vacated if the charges against you are dismissed.
Answered on Dec 07th, 2013 at 4:12 PM

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Family Court orders of protection will need to have a trial. These orders are issued initially based on one-sided testimony. From your facts, it sounds like you have enough to also get an order of protection against him in the Family Court. If you have low income, you can request an attorney be appointed at the first hearing, otherwise, you should strongly consider hiring an attorney to help defend you and help you get your own order. Good luck!
Answered on Dec 07th, 2013 at 3:08 PM

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