I have a restraining order filed against me in New York. Can a lawyer help me? 3 Answers as of January 18, 2011

Please tell me what I should do from here. My ex and I have not spoken in several weeks, but we had decided to be friends after the breakup. Her mother has threatened me with a restraining order because she does not want me to see her daughter any more. She called and told me that she will file to keep me away. I know the charges are false, and she is just making them up because she does not like me. Can a lawyer help me? I have never been in trouble with the law before.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However a lawyer could help you by going to court with you and representing you at a hearing to determine whether there should not be an order of protection. If your girlfriend wants to be in contact and there has been no incidents of abuse and the mother can not establish any incidents of abuse then there is a good chance she will not be able to get an order of protection against you. However if your girlfriend sides with her mother it will be harder to avoid an order of protection. Looking forward to meeting you.
Answer Applies to: New York
Replied: 1/18/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
In New York State an Order of Protection can be issued to protect a victim after charges are brought and it will be signed by the person that it applies to. There are no"restraining orders" issued without charges or without notice to the person who it applies to. Once an Order of Protection is issued by a judge, if that person calls or makes any contact, they will be charged with Contempt of Court, often a felony charge. The Order can also simply state that a person refrain from offensive conduct towards a person, usually when they are married or dating and the court will allow them to see one another, but wants to insure that no offensive conduct takes place. When you have children and there is an Order of Protection issued, you must go into Family Court, or Domestic Violence Court and get an Order of Visitation to see your children. Sometimes this visitation is supervised as to protect the children if it is alleged that the person is violent or that there is some threat to the safety of the children.You should always have an attorney represent you when you are charged with a crime or when there is an Order of Protection issued because violating an Order of Protection is a serious charge that may result in jail or loss of visitation rights. It is becoming more common for women to claim that the husband has committed some crime against her or the children, even sexual abuse of their young daughters in order to gain custody or prevent visitation of the father. I have seen many cases of false charges being brought against men where there are divorces pending or custody disputes. Sometimes these allegations are true, and sometimes they are false, but only a trial can determine the validity of such allegations, but during the period before the trial the court will issue the order to protect the woman just in case the allegations are true.It is rare that orders of protection are issued against a wife since it is usually the husband who assaults or harasses the wife, but it is becoming more common to see the woman assault the husband or harass him in a way that makes it necessary for the court to issue an order. You must not anger your spouse or her mother as it only opens you up to false charges of harassment, abuse, assault, or rape. It is best to have an attorney negotiate your marital disputes in order to try to avoid such problems. Call me for a free consultation anytime.
Answer Applies to: New York
Replied: 1/14/2011
Law Office of Raymond J. Dague, PLLC
Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
It is a sad fact the divorcing spouses, ex-spouses, and their intrusive parents often file false charges to get someone to stay away from kids or the ex-spouse. I have handled dozens of these types of baseless cases, and they can be won, but it often comes down to a "he said, she said" situation. A lawyer not only can help you, but is absolutely necessary in such cases.
Answer Applies to: New York
Replied: 1/14/2011
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