An order of protection is an important and vital tool used to keep thousands of New Yorkers safe and maintain a recourse against an abusive partner or family member.
It happens that sometimes domestic abuse is alleged against a person for the purpose of gaining an advantage in a contentious child custody dispute or in a divorce. Some people make false allegations as retaliation or believing that they will receive some type of sympathy from the court. Allegations of abuse against someone are very serious and when they do not reflect the truth can have a tremendous effect of putting someone's career, personal relationships and their reputation in jeopardy.
How can I fight a protection order?
To fight an Order of Protection you need the assistance of a skilled attorney. We here at Law Offices of Mindin & Mindin, P.C. are here to assist you during this difficult process. Your story is important to us and we understand the serious implications a protection order, even a temporary one, may have on your life and peace of mind. We will assist you in gathering evidence necessary to disprove the allegations and to question the truthfulness of your accuser.
Do not wait until the last minute to retain us as your attorneys. An order of protection can have serious implications and we are best able to handle your case if we get involved from the outset. One of the worst moves you could make if you find yourself in this type of situation is not showing up to court and not calling us at 888-501-3292 or contacting us for a consultation.
An order of protection will have immediate consequences. Each order is different based on the facts of your case. A judge can order an individual to have no contact with the accuser or the children the two share in common. That contact often extends beyond the physical to phone calls, text messages and other forms of electronic communication (Yes, Facebook, Twitter, Instagram, Snapchat are all a major no-no). A protection order can also result in the accused being forced to move out of the shared home and may bar the the accused from possessing a firearm or consuming alcohol.
There could be consequences to one's immigration standing. If a person is convicted criminally for domestic violence and is a non-citizen, this could be grounds for immediate deportation. It doesn't matter if the person has lived here 30 years, has purchased a home, has a stable job and extensive family here in America. A protection order may not constitute grounds for deportation, but it certainly will not help your application if you are in the process of seeking citizenship. If you violate the order in any way, that IS considered a crime, and could be grounds for deportation.
What should I do about a false domestic violence claim?
Orders of protection can be issued by the New York criminal court, but can also be obtained in Family Court.
False allegations of domestic abuse are common in cases where there is a bitter battle for child custody. Accusers know that the courts will weigh the case in terms of whatever is in the best interest of the child. Showing that the other partner is somehow unfit or has a propensity for violence in the home can prompt a judge to set an arrangement that favors the accuser.
Unlike the high standard of proof required in criminal court, grounds for orders of protection do not need to be proven beyond a reasonable doubt. This lower proof threshold means that it is up to the accused to show why such an order is unjustified. Given the seriousness of potential consequences, experienced legal help is always necessary.
If you want to fight a false order of protection New York City, call our offices at (888) 501-3292 or e-mail us for a free consultation.