Legal Question in Criminal Law in New York

Person filing domestic charges wrongfully

I found out that my girlfriend that lives with me was frauding Social Services and I told her that she better fix it or I'm turning it in myself. A couple of days later she started an argument with me and called the police when I was outdoors. The police came, she told them her store and I told them mine, 2 hours later she called them again, I wasn't home for the 2 hours I was at a family members house with me boys. When the police came they arrested my for threatening to kill my girlfriend which is a statement she gave to the officer the first time they where at the house. I didn't say anything to her at all the first or second time I just left and came back home. She dates people then when they find out that she doing something wrong or le relationship isn't working she makes false charges to maintain the apt. and the things inside that she did pay for. What can I do to prove that she is lying and this is here first time doing this either?


Asked on 8/03/03, 11:25 am

2 Answers from Attorneys

Re: Person filing domestic charges wrongfully

You need a good criminal defense attorney and maybe a private investigtor to get statements from other people that she has done this to. Your lawyer can then bring the information to the District Attorney and show that her claims against you are false.

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Answered on 8/03/03, 2:23 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Person filing domestic charges wrongfully

This is a nasty situation and I recommend you get this toxic person out of your life forever.

Start by having her evicted from the apartment (I assume the lease is under your name. If the lease is under her name, move out. If it is under both of your names, move out and send a certified letter to the landlord telling him that you have left because your joint-tenant/roommate is filing false charges of domestic abuse against you with the police and list the case number so this can be confirmed).

A good criminal attorney can help you with the criminal charges and also build evidence to support your claim that the false charge was "retaliation". Your alibi (that you were elsewhere) is also important.

After the chages against you have been dismissed, report her behavior to the social services department if the DA has not already done this.

You mention 'your boys'. Are these children you have had with her (is she the mother of your children?) Based on your statement of the facts in your question, I would recommend you seek full custody of the children. This is not a woman you want raising your children.

I am knowledgable in both criminal and child custody law and you are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/03/03, 11:07 pm


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